122719 - Northern California Edition

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NORTHERN CALIFORNIA

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2020 US budget includes ban on people DATELINE USA behind ‘wrongful imprisonment’ of De Lima New California laws to from the AJPress NEWS TEAM AcroSS AMEricA

take effect in 2020

WIth the end of 2019 approaching, California is gearing up for new laws set to take effect in the new year. Whether it’s in the workplace, at home, or outside in nature, below are just some of the many policy changes the nearly 40 million Californians can expect in 2020.

Gig economy changes In California where freelancing and independent contracts are common ways of producing income, the new AB-5 law will put a limit on who companies can classify as employees or independent contractors.

Under the new law, individuals are considered employees unless their employer can prove that

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Pinay-founded Care.com acquired for $500-M

PInAy-foUnDeD Care.com, the world’s largest online marketplace for finding and managing family care, will be acquired by American-holding company IAC, both companies announced on friday, December 20. the two companies have entered into a definitive agreement in which IAC will acquire Care.com — founded by filipina American sheila Lirio marcelo — for $15.00 per share in an all-cash transaction representing approximately $500 million of enterprise value. founded by marcelo in 2007, Waltham, massachusetts-based Care.com helps individuals find babysitters, housekeepers, tutors and caregivers for seniors and pets. the idea came about after marcelo experienced trouble finding childcare help for her first child as well as for her father when he had a heart attack while caring for her second child. the website became a public company in January 2014, and has several offices in cites like Berlin, san

by Franco Luna Philstar.com

U.s. President Donald trump on monday, December 23, Philippine time, approved the U.s.

2020 budget bill, including a provision that bars those involved in the “wrongful imprisonment� of opposition sen. Leila de Lima from entering the United states. the provision, which touches on financial management and Budget transparency, includes a clause on Prohibition on entry that reads: the secretary of state shall apply subsection (c) to foreign government officials about whom

the secretary has credible information (sic.) have been involved in the wrongful imprisonment of: [...] senator Leila de Lima who was arrested in the Philippines in 2017.

Included in the provision are bans on officials from the Governments of turkey, egypt and saudi Arabia, all for imprisoning American diplomats and nationals, as well as those involved in the detention of mustafa Kassem, “an American citizen imprisoned by the Government of egypt and whose health is failing.�

U.s. senator Dick Durbin announced in late september that the senate appropriations committee had approved the measure. “We must free

Leila now,� he tweeted.

At a press briefing on monday afternoon, presidential spokesperson salvador Panelo said the Palace is not bothered by the provision. “It cannot be a wrongful detention,� he also said, referring to De Lima being in police custody over drug charges that she says are politically motivated.

De Lima, an outspoken Duterte critic, had tried to investigate the existence of the alleged “Davao Death squad� when she was Commission on human rights commissioner and later when she was Justice secretary during the presidency of PAGE A2

CHP offers advice to help keep motorists off the ‘naughty list’ sACrAmento, Calif. – to help keep motorists safe during this busy travel season, the California highway Patrol (ChP) is giving the gift of traffic safety tips. During the hustle and bustle of the holidays, leave the dashing to the reindeer and take your time to ensure you arrive safely at your destination.

Another way to stay safe on the road during a time that may include increased celebrations is to designate a non-drinking driver. Unfortunately, more than 1,000 drivers did not heed this advice prior to the Christmas Day maximum enforcement Period (meP) in 2018, resulting in 1,166 arrests by ChP officers for driving under the influence. “our goal at the ChP is for everyone to get home safe. When a person chooses to drink and drive, it not only puts their safety at risk, but it endangers the life of everyone on the road with them,�

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MILITARY EXERCISE. President Rodrigo Duterte leads the awarding ceremony of the 1st Presidential Silent Drill Competition at the Quirino Grandstand in Manila. Duterte led Friday the closing ceremony of the National ROTC Summit and the First Presidential Silent Drill Competition underscoring the importance of the Reserve Officers’ Training Corps (ROTC) to the nation’s peace and security.

MalacaĂąang photo by Rey Baniquet

21 people wounded in Mindanao bombings Duterte: Make Bangsamoro work so that Palace condemns explosions, vows to go after culprits

by ritcheL

MendioLa

AJPress

At LeAst 21 people suffered injuries in a series of explosions that rocked Cotabato City on sunday, December 22 — the eve of President rodrigo Duterte’s visit to the city for a land distribution ceremony.

According to regional military spokesperson major Arvin encinas, a hand grenade was thrown into a military truck patrolling Cotabato City in mindanao, wounding eight soldiers and four civilians. It was quickly followed by an improvised explosive device (IeD) blast near the bridge in Libungan town that wounded five civilians.

no groups have yet claimed responsibility for the attacks, but encinas said they are not discounting “the possibility that Bangsamoro Islamic freedom fighters (BIff) and Daesh-inspired groups are behind this.�

Violent insurgencies like the uprising in mindanao led by a muslim separatist have been plaguing the country, leaving thousands of people for dead.

A landmark peace deal with the largest of the rebel groups, the moro Islamic Liberation front, was sealed in 2019, however the Islamic state-aligned BIff and Abu sayyaf were not included in it.

In December last year, two people died while 35 were

wounded when a bomb went off outside a shopping mall, believed to be incited by Islamic state-linked militants. the star states that the Islamic state has been stepping up its strategy of absorbing existing insurgent groups around the world as its “caliphate� crumbled in the middle east.

In may 2017, hundreds of proIs gunmen seized the muslim city of marawi, which sparked a five-month battle that left more than 1,000 people dead and led Duterte to put the island of mindanao in a military rule.

Malacanang to go after perpetrators

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Duterte, Robredo ratings surge – Pulse Asia

by Janvic

Mateo Philstar.com

the approval and trust ratings of President Duterte and Vice President Leni robredo have increased in the recent survey conducted by Pulse Asia. the survey, conducted from Dec. 3 to 8 with the results re-

leased saturday, December 21, showed the number of people who approve of the president’s performance increasing from 78 percent in september to 87 percent this month. those who were undecided decreased from 14 percent to eight percent, while those who disapprove of Duterte’s performance decreased from

eight percent to five percent. the number of people who trust Duterte also increased from 74 percent to 83 percent, while those who were undecided decreased from 18 percent to 10 percent. those who distrust the president decreased from nine percent to six percent.

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women no longer have to work abroad

by GerMeLina Lacorte Inquirer.net

PresIDent Duterte urged Bangsamoro officials to make the Bangsamoro government work so that the economy would thrive and women no longer had to work abroad for their family to survive.

At the same time, the president urged other moro areas not yet covered by the Bangsamoro Autonomous region in muslim mindanao (BArmm) to opt to be included so that they would be part of the development and progress of the whole autonomous area. he said that some of the women in the Bangsamoro would opt to borrow money so that they could go abroad to work but often ended up being raped and abused. the president said this was the reason there had been a high incidence of suicide among overseas filipino workers (ofWs). he said that if Bangsamoro could make its governance work and the economy would thrive, women no longer had to go abroad to work. “(so), it’s important to creT GH U CA ICO ! "

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ate a thriving community,â€? the president said. “BArmm has to succeed because it would be (your) deliverance, social and political,â€? he said. “so, yung di (pa) kasali sa BArmm, sumali na kayo, para makuha natin ang kapayapaan sa mga kapatid nating moro (those who are not yet part of the BArMM, have yourself included, so that we can finally attain peace among our Moro brothers),â€? he added. “Ako, sinasabi ko, join BArmm, pag gusto mong kasama sa pagtaas‌sumali kayo at mas madali ang development (i am saying, join BArMM if you want to be part of its advance-

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ment‌join so that development would be fast),â€? he said during the distribution of Certificates of Land ownership Awards (CLoA) to agrarian reform beneficiaries of the BArmm at the shariff Kabungsuan Convention Center here. the president also urged the beneficiaries not to sell the piece of land turned over to them by the government but instead, strive to make these productive so that they would have enough income to improve their lives and send their children to school. “mahalin mo ang lupa. Bilihin ko iyong (Love the land. i will

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DECEMBER 27, 2019 - JANUARY 2, 2020 • NORCAL ASIAN JOURNAL

http://www.asianjournal.com • (650) 689-5160

From the Front Page

2020 US budget includes ban on people... Pinay-founded Care.com acquired for $500-M...

PAGE A1 Benigno Aquino III. In an earlier statement, Panelo also called the move “a brazen attempt to intrude into our country’s domestic legal processes.”

The U.S. State Department, as of this writing, has not yet released a list of officials barred from entering the United States.

De Lima names ‘persecutors’ in October dispatch

In an October dispatch from Crame, the 60-year-old De Lima named those she said were involved in her detention.

“My persecution started with a daily public media demolition by none other than Duterte, using all his powers as president. This was followed by a vicious social media campaign conducted by DDS Trolls, led

by Duterte sycophants Mocha Uson, Sass Rogando Sasot, and RJ Nieto,” she said.

“Then came the House investigation where criminal convicts were induced to testify against me in exchange for prison privileges and immunity, if not presidential pardon, as led by former Speaker Pantaleon Alvarez, former [Jusitce] Secretary Vitaliano Aguirre, Solicitor General Jose Calida, [Public Attorney’s Office] Chief Persida Acosta, Sandra Cam, Dante Jimenez, Congressmen Rey Umali and Rudy Fariñas.” n

New California laws to take effect in 2020...

PAGE A1 the worker is doing work that is not central to the business, the worker is engaged in an independent business or occupation in the industry, and the worker is free from control of the employer or company.

The bill has been targeted towards ride hailing and food delivery companies like Uber, Lyft, Postmates, and DoorDash that have failed to offer its drivers any protections or benefits. However, the new law has already been criticized by other gig workers like freelance writers who take issue with the fact that the law prohibits nonemployees from submitting more than 35 pieces per year.

Many media companies rely

on writers who, according to one Forbes article, sometimes write roughly 35 articles in one month alone.

The American Society of Journalists and Authors, Inc. has already announced that it would be suing the state of California on behalf of freelance journalists — many who have been cut from their jobs in anticipation of the law.

Statewide rent control In October, Calfiornia became the third state in the U.S. to pass legislation limiting rent increases statewide. The law AB-1482 limits landlords from increasing rents to 5% each year plus inflation, and limits landlords from increasing rent above 10% in total.

In addition, landlords will have stricter eviction requirements in that they will need to have an actual and legitimate reason for evicting tenants. Under the state law, buildings constructed in the last 15 years will be exempt unless a local rent control law says otherwise. The date is also rolling, meaning that apartments built in 2005 will be covered until 2020, and so forth.

More power over online privacy Starting January 1, Californians will be supported by law in taking control of their online data. Under the California Consumer Privacy Act (CCPA), businesses will be required to inform consumers of data they’re collecting. Businesses will further be required to delete the data if consumers ask them to either through an online form or through a toll-free number.

The effect on companies that do business in California may be big in that most companies participating in the online economy rely on collected data when using targeted ads. How much these companies would be affected will depend on how many Californians will actually assert their rights.

Extending healthcare to young undocumented immigrants California Governor Gavin Newsom signed SB-104 back in July, making California the first state to extend health coverage through its Medicaid program, to young undocumented adults.

Under the new law, individuals ages 19 to 25 would be covered under California’s Medi-Cal, regardless of whether or not they have “satisfactory immigration status.” Those under 19 years of age are already offered health

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PAGE A1 Francisco, and Austin.

As part of the agreement, Care.com will replace Marcelo, its longtime founder, chairwoman and CEO, with Tim Allen, an executive at IAC. Marcelo had said earlier this year that she intended to leave the role soon.

“Since our founding 13 years ago, we’ve delivered on our mission to help millions of people find affordable, high-quality care and caregivers find meaningful work,” Marcelo said in a statement.

With more than 1.5 million successful matches made since its inception and 374,000 paying families as of Q3 2019, Care.com is the leading global

platform for matching families with caregivers in the rapidly growing but highly fragmented market for family care, sized in excess of $300 billion in the U.S. alone.

“Family care is exciting new territory for us — and an accelerating market as demand for both child and senior care intensifies worldwide,” said IAC CEO Joey Levin in a statement.

“The Care.com team has built a trusted brand and marketplace for families all over the world.

We like marketplace businesses and this is one in a category we think has incredible potential.”

Marcelo added, “Now, we’re bringing together the world’s largest marketplace for care with

the leader in scaling and growing marketplace businesses. We are excited to work with Tim and IAC’s leadership and believe this transaction will deliver value to all our stakeholders.”

With this acquisition, New York-based IAC — which owns several internet-based brands offering travel, dating and home services, such as Expedia, Ask. com, Match.com, OkCupid and Vimeo, across 100 countries — will gain a foothold in a market new to the company and will invest to accelerate Care.com’s growth across its core categories (child and senior care) with the opportunity to further extend its platform into adjacent areas, such as pet and home care. n

Duterte, Robredo ratings surge – Pulse...

PAGE A1 Meanwhile, the number of people who approve of the performance of the vice president increased from 50 percent in September to 58 percent this month.

Those who were undecided of her performance decreased from 28 percent to 21 percent, while her disapproval rating decreased from 22 percent to 20 percent.

Robredo’s trust rating also surged from 46 percent to 53 percent, while those who were undecided dropped from 29 percent to 22 percent.

Meanwhile, the number of people who distrust the vice president fell from 25 percent to 20 percent.

The approval and trust ratings of Senate President Vicente Sotto III also increased based on the recent survey.

The number of people who approve of Sotto’s performance increased from 72 percent in September to 84 percent this month, while those who were undecided dropped from 21 percent to 11 percent.

Those who disapproved of his performance dropped from seven percent to five percent.

Sotto’s trust rating increased from 66 percent to 78 percent, while those who were undecided decreased from 27 percent to 17 percent.

Those who distrust him also fell from seven percent to five

percent.

House Speaker Alan Peter Cayetano also enjoyed an increase in his approval rating, from 64 percent in September to 80 percent this month.

Those who were undecided dropped from 30 percent to 14 percent, while his disapproval rating stayed at six percent.

Meanwhile, Cayetano’s trust rating increased from 62 percent to 76 percent, with those undecided falling from 29 percent to 18 percent.

The number of those who distrust him fell from nine percent to six percent.

Chief Justice Diosdado Peralta, who became the top magistrate in October, was not covered by the survey.

The survey had 1,200 respondents and an error margin of +/- 2.8 percent at the 95 percent confidence level.

Communications Secretary Martin Andanar claimed that no propaganda from the political opposition could bring President Duterte down, as Malacañang welcomed the latest finding of Pulse Asia that gave the Chief Executive a high approval rating.

Andanar and presidential spokesman Salvador Panelo described the survey as unprecedented, since no president other than Duterte received a consistent high approval rating since he assumed office in 2016.

Despite the relentless attacks and criticisms from the opposition and critics, Andanar said the administration “will continue to strive to provide better services to all the Filipinos, for us to achieve overall development and success.”

“We will continue to undertake necessary government programs, reforms and actions in support of our goals as we aim for a better Philippines,” Andanar vowed.

Panelo said the figures of the survey graphically show how the Filipino people are united in cementing their support for the president and in agreement with the government programs geared toward uplifting the social and economic condition of the masses of our people.

“This latest approval rating is a clear repudiation of the fabricated tale and the false narratives of the haters of the president, including the foreign entities that have joined the fray with blinders on their eyes,” he said.

Panelo assured the public that Duterte, with the entire executive department, will continue to work, “unmindful of the laurels he is reaping in terms of the people’s acceptance, until his last day in office to serve and protect the interest and welfare of the Filipino people.” (With Christina Mendez) n

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Dateline USa

NORCAL ASIAN JOURNAL • DECEMBER 27, 2019 - JANUARY 2, 2020

A

Trump administration takes historic steps to lower US prescription drug prices ON Wednesday, December 18, President Trump, along with the U.S. Department of Health and Human Services and the U.S. Food and Drug Administration, issued a notice of proposed rulemaking (NPRM) that, if finalized, would allow for the importation of certain prescription drugs from Canada. In addition, the Administration is announcing the availability of a new draft guidance for industry that describes procedures drug manufacturers can follow to facilitate importation of prescription drugs, including biological products, that are FDA-approved, manufactured abroad, authorized for sale in any foreign country, and originally intended for sale in that foreign country.

The NPRM issued is the first step in implementing a provision of federal law that would allow for the importation of certain prescription drugs from Canada under specific conditions that ensure the importation poses no additional risk to the public’s health and safety while achieving a significant reduction in the cost of covered products to the American consumer. The draft guidance issued describes procedures for a drug manufacturer to submit documentation that demonstrates that the product offered for import from any foreign country is, in fact, an FDA-approved drug product, including that it is manufactured in accordance with the FDA-approved application.

“Today’s announcement outlines two pathways for the safe importation of certain prescription drugs to help provide safe, effective, more affordable drugs to American patients,” said Health and Human Services Secretary Alex Azar. “These are historic actions by HHS and the FDA, and they represent the bold nature of President Trump’s

agenda for lowering drug costs.

The president has recognized the opportunity to lower costs for American patients through safe importation, and we at HHS and FDA are delivering on that possibility through a safe, commonsense approach.”

The NPRM would allow states and certain other non-federal government entities to submit importation program proposals to the FDA for review and authorization. An importation program could be co-sponsored by a pharmacist, a wholesaler, or another state or non-federal governmental entity. Referred to as Section 804 Importation Programs, these programs would be authorized by the FDA to manage the importation of certain prescription drugs that are approved in Canada and also meet the conditions in an FDA-approved drug application. Eligible prescription drugs would have to be relabeled with the required U.S. labeling prior to importation and undergo testing for authenticity, degradation, and to ensure that the drugs meet established specifications and standards. Notably, these programs would also have to demonstrate significant cost reductions to the American consumer.

“The FDA continues to assess and act on multiple opportunities to promote competition that can, in turn, help reduce drug prices and improve access to medicines for Americans,” said Assistant Secretary for Health Brett Giroir. “The proposed rule and draft guidance include procedures intended to protect the public’s health and safety. We look forward to receiving public comment on these draft policies, and we will take timely comments into account as we work to finalize the rule and guidance.

Our ultimate goal is to provide a robust program that clearly lays out procedures to import drugs

Duterte: Make Bangsamoro...

PAGE A1 buy your) products at a price that is competitive, and third, it will give you an income and you can improve, your children can go to school,” he said. “Send your children to school, para makalabas sa kahirapan at sa gulo ng

mundo, makita mo iyong Moro na nag aral, di naman maganda buhay pero… (so that they will escape poverty and conflicts in the world, you can see the Moro (people) who were able to go to school, their life may not be perfect but they’re doing better). n

21 people wounded in...

PAGE A1 The Palace assured the public that it would go after the culprits responsible for the separate explosions in Cotabato and Maguindanao. In a report by Inquirer, presidential spokesman Salvador Panelo said that, “authorities are now investigating the matter.”

“Any attempt to sow fear, fear,

hatred and violence is doomed to fail,” he added. “ We will pursue the pursue the perpetrators and will harness all our might to crush all evil forces or enemies of the state, as well as their supporters.”

Panelo also called on the public to remain vigilant and report any suspicious activity or person to authorities. n

New California laws to take..

PAGE A1 care coverage.

Loans for Dreamers pursuing graduate studies Also geared towards young undocumented youth is SB-354, which will give those brought to the U.S. illegaly as children — known as Dreamers — a better chance at pursuing post-baccaleurate education.

Under the new law, Dreamers looking to obtain a graduate degree from either the California State University (CSU) or the University of California (UC), will be eligible for loans and in-state tuition under the state’s DREAM loan program.

Extension for reporting sexual abuse Beginning in January 2020, victims who have experienced childhood sexual assault but were unable to report it due to an age limit of 26 years old will be able to through an extended age limit of 40 years old. The Child Victims Act also allows adults over the age of 40 to file suit if they suffered a psychological illness or injury from their experienced abuse within the past five years.

The new law has already been seen as exposing religious, private and public organizations to broader legal liability. Just last month, a Filipina American filmmaker from Hollywood announced that she was suing the Archdioces of Los Angeles over sexual assault she experienced as a child by a Filipino priest.

Getting rid of private prisons Starting in the new year, California will no longer be allowed to renew contracts with private prison companies under AB-32 — a win for advocates of criminal justice reform and immigrant rights.

As for currently operating immigration detention facilities and private prisons, all will be phased out by 2028.

Wildfire efforts With wildfires being a com-

mon major threat to communities across the state, a number of laws taking effect in the new year are meant to improve preparedness and limit negative impact.

Under SB-167, utility companies such as PG&E, will be required to come up with plans on how to more effectively conduct power shut offs that left many Californians frustrated this year.

When it comes to warning communities about possible wildfires, SB-209 requires the Office of Emergency Services and the Department of Forestry and Fire Protection to establish together and lead the Wildfire Forecast and Threat Intelligence Integration Center. The center would serve as the state’s central wildfire warning center for forecasting, analyzing, and giving out warnings of wildfire threats as necessary.

Also as a preventative measure, AB-247 puts more power into the hands of the California Public Utilities Commission when it comes to overseeing tree trimming efforts.

New recreation laws for beaches and state parks For those who enjoy outdoor recreational activities, there are a few laws taking effect next year that aim to improve the environment and how people experience it.

One law, AB-1762, is giving the California Department of Parks and Recreation a deadline to make a list of state parks that allow dogs. The department has until July 1, 2020 to come up with a comprehensive list of parks down to the number of trail miles dogs are allowed to trek on, and which specific areas are accessible to dogs.

Under SB-8, no longer will people be allowed to smoke or vape at state beaches or parks. People will also prohibited from throwing away any cigarettes or cigars in these areas. Anyone caught violating the law will be fined up to $25.

(Rae Ann Varona/AJPress) n

that could provide lower prices while also maintaining the high quality Americans expect.”

Of note, the draft guidance describes procedures drug manufacturers could follow to obtain an additional National Drug Code (NDC) for certain FDAapproved prescription drugs, including biological products, that were originally manufactured, and intended to be marketed, in a foreign country. The use of an additional NDC would allow greater flexibility for drug companies to offer these products at a lower price than what their current distribution contracts require.

The draft guidance also recommends that the drug manufacturer include a statement on the product’s label and in the prescribing information to assist pharmacists to accurately identify, dispense and bill for these products. Prescription drugs, including biological products, imported under the pathway described in the draft guidance could be available to patients in a variety of settings, including hospitals, health care providers’ offices, or licensed U.S. pharmacies, and would include the FDA-approved labeling (including prescribing information).

Comments on the NPRM are being accepted for 75 days after publication in the Federal Register and comments on the draft guidance are being accepted for 60 days after publication in the Federal Register. n

MMFF2019. The float of Mindanao at the Metro Manila Film Festival’s Parade of Stars at the Lakeshore in Taguig City on Sunday, December 22.

The film, directed by multi-awarded director Brillante Mendoza, stars Judy Ann Santos and Allen Dizon.

PNA photo by Avito C. Dalan

CHP offers advice to help keep motorists off the...

PAGE A1 said CHP Commissioner Warren Stanley. “We encourage the public to help us save lives and remove these dangerous drivers from the roadway by reporting them to 9-1-1.”

According to data from the CHP’s Statewide Integrated Traffic Records System, at least 16 people were killed and nearly 350 others were injured in col-

lisions involving impaired drivers in California throughout the 102-hour holiday enforcement period last year.

This year’s Christmas MEP begins at 6 p.m. on Tuesday, December 24, and concludes at 11:59 p.m. on Wednesday, December 25. During that time, all available officers will be on the road for enhanced enforcement and to assist any drivers who

need help.

Whether your holiday travel includes destinations near or far, it will likely mean increased traffic on the roadways. It is important to practice safe driving habits, including getting plenty of rest, avoiding distractions, and always buckling up.

The mission of the CHP is to provide the highest level of Safety, Service, and Security. n

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DECEMBER 27, 2019 - JANUARY 2, 2020 • NORCAL ASIAN JOURNAL

http://www.asianjournal.com • (650) 689-5160

Dateline PhiliPPines

Duterte wishes good life, peace for Filipinos 5-minute travel time between Makati and Edsa will happen before 2022

by Divina

nova Joy Dela ManilaTimes.net

Cruz

FOR Christmas, President Rodrigo Duterte is wishing for lasting peace and comfortable lives for the people, according to his spokesman Salvador Panelo.

“Ang wish list ni Presidente ever since ay bigyan ng kapayapaan, lasting peace ang ating bayan. ‘Yung mga kumukontra sa estado ay sumali na sa agos ng pag-akyat ng ating lipunan sa mataas na antas ng prominence (The president’s wish list ever since is to give our country peace, lasting peace. The critics should join the state in the flow of our society to a higher level toward prominence),” Panelo said in an interview over radio DZIQ on Sunday, December 21.

“Pangalawa, gusto niya na magkaroon ng kumportableng

buhay ang bawat Pilipino. ‘Yun ang palaging wish ng presidente taun-taon (Second, he wants every Filipino to have a comfortable life.

That is the president’s constant wish, yearly),” he added.

Panelo earlier said the president would have a “simple” Christmas celebration with his loved ones in his hometown in Davao City.

He added that the president would be having the usual Noche Buena (Christmas Eve meal) with his family and grandchildren.

Last year, Duterte visited young cancer patients, a tradition he has observed since he was mayor of Davao City.

When asked about the president’s plans for his remaining three years in office, Panelo said Duterte would pursue his campaign against drugs and corruption.

“Kung ano ‘yung sinimulan ni

Manilatimes.net file photo

Pangulong Duterte sa kanyang presidency, ay itutuloy niya ‘yun.

Gaya ng paulit-ulit niyang sinasabi, hindi siya titigil hanggang sa huling araw ng kanyang pamunuan, ang pakikipagdigman sa droga dito sa ating bayan (Whatever President Duterte has started in his presidency, he will continue that. Like what he always says, he will not cease until his last day in leadership his war against drugs in this country),” he added. n

‘Andal Sr. would have been convicted too’

by JanviC

mateo Philstar.com

MANILA — Had he not died prior to the verdict, clan patriarch and former Maguindanao governor Andal Ampatuan Sr. would have been convicted as well of multiple murder, according to one of the lawyers who handled the case.

“The evidence against Andal Jr. will equally apply to him,” private prosecutor Nena Santos told The Star, referring to the son of the deceased clan patriarch who was convicted along with 27 others of 57 counts of murder.

Andal Sr. – who had been in detention since his arrest weeks after the Nov. 23, 2009 massacre – died in 2015 due to liver cancer.

Quezon City Regional Trial Court Branch 221 Judge Jocelyn Solis-Reyes dismissed the murder cases filed against him, citing Article 89 of the Revised Penal Code that extinguishes the criminal liability of accused if they die before the final judgment.

But according to Santos, the 761-page decision of the judge shows that Andal Sr. would have been convicted had he remained a defendant in the case.

She noted several meetings that were held by members of the Ampatuan family to discuss the plan of then Buluan vice mayor and now Maguindanao Rep. Esmael “Toto” Mangudadatu to run against the clan for provincial governor.

“On said occasion, Datu Andal Sr. said that Datu Toto must be killed because he cannot be prevented from running as governor,” read the decision, referring to a meeting held in Manila in July 2009, months before the massacre.

The Ampatuan patriarch also attended other meetings, including the one held at his farm the day before the massacre.

The prosecution was also able to establish his role on the day of the massacre.

Witness Lakmodin Saliao said Andal Sr. relayed his instructions a few hours after midnight “to bring out the firearms and put red markings on them.”

Saliao also testified hearing him talking to his son Andal Jr., also known as Datu Unsay, and instructing him to kill all members of the convoy except members of the media.

Andal Jr. responded that he would rather kill them all, to which the father supposedly responded “Mabuti (good).”

“Set to loudspeaker, Saliao heard Datu Unsay saying: ‘Ama, ngayon tapos na, ubos na silang patayin (Father, it’s all over, they

Holding the day’s issue of The Philippine Star, presidential spokesman Salvador Panelo sits on the entry steps of a jeepney in Cubao, Quezon City as he took on the ‘commute challenge’ last. October 12.

Philstar.com photo by Michael Varcas

Philstar.com file photo

are all dead).’ After this was uttered, he observed that Datu Andal Sr. was happy and ‘all smiles when he came to know that those people are already dead,’” read the decision.

While he did not personally kill the victims, witness Rasul Sangki testified that Andal Sr. called his son Andal Jr. and relayed the instruction that all passengers should be killed.

This was also corroborated by the testimony of suspect-turnedstate witness Sukarno Badal, who supposely overheard the conversation between the father and son after the fifth batch of victims was killed.

“Media na lang ang natira (Only the media are left),” Andal Jr. supposedly said, to which his father responded: “Pa-media, media ka pa, ubusin mo na yan (What media, just kill them all).”

Sources earlier said the elder Ampatuan may have thought that his son was telling him that half of the victims were still alive when he called.

The word “media,” in Spanish, can be loosely translated as average, mean or half.

A few minutes later, Badal said Andal Sr. called his son to clarify what he meant by “media.” “‘Yung media, mass media,” he told his father, to which the latter replied: “Makukulong tayong lahat (we will all go to jail),” hinting to his son what would become of them if the media were spared.

For Santos, the decision clearly established that the deceased clan patriarch would have been convicted if he was still alive.

Suspect classification In her ruling, Solis-Reyes classified the over 100 suspects who stood trial into six classifications, depending on their knowledge of the murder plot and their acts in relation to the massacre.

The 28 defendants whom she convicted for 57 counts of murder are those who knew of the

murder plot and actually killedthe victims; those who knew of the murder plot but performed other overt acts outside of the crime scene; and those who had no prior knowledge of the murder plot but were proven to be actual assailants.

Andal Jr. and his nephews Anwar Sajid and Anwar Jr. were among those that fall under the first category as they participated both in the meetings and the actual killings.

Meanwhile, Amptuan siblings Zaldy and Anwar Sr. – also sons of the deceased clan patriarch – were classified under the second group, with the judge noting that while they did not participate in the actual killings, their actions still “had for their purpose the attainment of their common objective of committing the unlawful act.”

The deceased clan patriarch would have been classified under this group.

The two Ampatuans who were acquitted – Sajid Islam and Akmad – were the only two suspects classified under the group of those who knew of the murder plot but did not commit overt acts that would warrant their conviction.

Sajid Islam is also the son of the late clan patriarch, while Akmad is the latter’s son-in-law.

The judge noted the mere presence of the two at the meetings would not make them liable as conspirators, noting that Sajid Islam never uttered words of encouragement that would influence his brothers to carry out their plan.

While Akmad was heard agreeing to the killing, Solis-Reyes ruled that it “does not necessarily mean that he pushed for the commission of the crime.”

She noted that his scheduled medical mission in Mamasapano on the day of the incident “will show that he did not cling to the agreed plot to kill.” n

PRESIDENT Rodrigo Duterte’s earlier promise of a five-minute travel time between Makati and Edsa would be fulfilled under his watch, Malacañang assured the public on Sunday, December 22.

In an interview with radio dzIQ, Duterte’s spokesman Salvador Panelo said the President’s pledge may not materialize this year because of “conditions” that were not met.

Panelo did not elaborate on the supposed conditions that were set to address the perennial traffic problems in Metro Manila, specifically along Edsa, the region’s busiest highway.

“Well, alam mo ‘yung pangako, depende sa mga factor o kalakaran na magbibigay prutas doon sa kanyang pangako (Well, you know, the promise depends on the factors and trends that will give fruition to his promise),” the Palace official said.

“Kung hindi natupad ‘yung mga kalakaran na yun kasi those conditions are not present, hindi

pa magaganap ‘yun (If those trends were not met because those conditions are not present, the promise would not yet be fulfilled),” he added.

An average of 405,882 vehicles ply Edsa every day, as of August 2019, the Metro Manila Development Authority earlier reported.

Waze’s September 2019 data revealed that it took 4.9 minutes to drive one kilometer in Manila, the Philippine capital.

In June this year, Duterte vowed to secure a five-minute travel time between Cubao, Quezon City and Makati for commuters and drivers by yearend.

Panelo said failure to fulfill Duterte’s promise does not mean it was not attainable under the current administration.

“Hindi ibig sabihin na hindi maganap ngayong taon, hindi magaganap hanggang sa matapos ang kanyang termino (It doesn’t mean that if it did not happen this year, it would not happen until his term ends),” he

said.

“Hangga’t may buhay ay may pag-asa (As long as there is life, there is hope),” Panelo added, when quizzed if Duterte can still deliver on his promise.

Sympathizing with commuters over crippling traffic jams in Metro Manila, Duterte on December 10 ordered concerned state agencies, including the Department of Transportation, to introduce innovations to ease traffic congestion in Metro Manila, the country’s premier region.

The Duterte government’s ambitious “Build, Build, Build” infrastructure program is seen as a solution to address the traffic congestion in Metro Manila.

Around 38 of the 100 flagship infrastructure projects are targeted to be completed by the end of President Duterte’s term in 2022, Vivencio Dizon, Bases Conversion and Development Authority president and chief executive officer, said last November 13. (PNA) n

Supreme Court junks Bong Revilla petition on PDAF scam

by Jomar

Canlas ManilaTimes.net

THE Supreme Court (SC) has dismissed the petition of Sen. Ramon “Bong” Revilla Jr. in connection with the pending incidents in the plunder case, which he was acquitted by the Sandiganbayan.

Revilla was charged with plunder and graft by the Office of the Ombudsman in 2014, along with businesswoman Janet Lim Napoles, Revilla’s former chief of staff Richard Cambe, Napoles’ employees Ronald John Lim and John Raymund de Asis, and Budget Undersecretary Mario Relampagos for their alleged involvement in the Priority Development Assistance Fund (PDAF) or “pork barrel” scam.

The high tribunal has already affirmed the recommendation of the Sandiganbayan for the attachment of the senator’s “monies and properties,” saying there was clearly a prima facie foundation seizing the assets.

The Supreme Court based it ruling on testimonies that Cambe received in Revilla’s behalf P103 million in return for the senator’s endorsement of Napoles-controlled nongovernmental organizations as recipients of Revilla’s pork barrel.

The senator was acquitted of plunder by the Sandiganbayan, but his graft case is still being tried.

In a resolution of the Supreme Court’s First Division, dated No-

Senator Ramon “Bong” Revilla Jr.

vember 19, but released just recently, the court dismissed his petition as being “moot and academic.”

The petition is in relation with Revilla’s motions, which were denied by the Sandiganbayan’s First Division.

It includes Revilla’s plea to set aside the Sandiganbayan rulings involving an order dated Dec. 7, 2017 denying his motion for leave to file a demurrer to evidence, a resolution dated Feb. 23, 2017 denying his motion to quash his plunder case, and a resolution dated Nov. 9, 2017 in which the Sandiganbayan admitted the prosecution’s formal offer of evidence.

The acquittal of Revilla of plunder on Dec. 7, 2018 renders the pending motions ineffective, the

Manilatimes.net file photo

high court ruled.

“To recall, the instant petition stemmed from Sandiganbayan’s denial of procedural incidents in the main case for plunder. As the main case has already been resolved in the petitioner’s favor, which can no longer be appealed, this case no longer presents any justifiable issue which the Court can rule upon,” it stated.

Because the main case has been decided, “the instant petition, which involves issues that are merely incidents thereof, has become moot and academic,” it pointed out.

The Supreme Court argued that the “judgment of acquittal is final, unappealable and immediately executory upon its promulgation and, as such, is no longer subject to appeal.” n

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‘Aware’ VisMin folk backproposed divorce bill

RESULTS of an independent non-commissioned survey conducted last month indicated that the majority of the 43 percent of voters hailing from Visayas and Mindanao, or VisMin, who are “aware� of the contentious divorce bill support its passage in Congress.

According to the results of PAHAYAG VisMin 2019, an independent non-commissioned survey conducted by consultancy firm PUBLiCUS Asia Inc. [PAI] among 2,000 registered voters in Visayas and Mindanao from November 15-19, 2019, only 36.7 percent of respondents indicated that they are aware of the proposed divorce law.

Among respondents aware of the divorce issue, 52 percent showed support for the passage of a divorce law, with 42 percent opposing divorce and 6 percent being unsure.

Aureli Sinsuat, PAI executive director and spokesman, pointed out that support for divorce varies greatly from region to region. “Support for divorce is strong in Western Visayas, Central Visayas, Davao Region, Soccsksargen and Caraga, while opposition against it is strong in Zamboanga Peninsula, Northern Mindanao, and BARMM,� Sinsuat said.

South Cotabato, Cotabato, Sultan Kudarat, Sarangani and General Santos City compose Soccsksargen.

Manilatimes.net file photo

BARMM is the Bangsamoro Autonomous Region in Muslim Mindanao.

Although the divorce bill won a slim majority of support among aware respondents, according to Sinsuat, the fact that 63.3 percent of Visayans and Mindanaoans are unaware of the issue makes it difficult to draw conclusions regarding the actual level of support for divorce in those critical island groups. “Divorce has always been a contentious issue in the Philippines, but recently it has fallen off the radar. Advocates of the divorce law would have to do a better job of educating our countrymen about the perceived benefits of divorce for the people if

they want to win enough public support to revive discussions about the bill in a Congress filled with influential anti-divorce lawmakers,� he said.

Sinsuat noted that while the majority of the respondents aware of the issue believe divorce would negatively impact Filipino families, they also believe that it will help victimized spouses get out of abusive marriages. “Packaging divorce as a necessary legal mechanism to protect abused spouses from their predatory partners appears to be the strongest argument for its passage in the minds of Filipinos.

Divorce advocates should take note of this moving forward,� he said. (ManilaTimes.net) n

RURAL HEALTH CENTER. SM Foundation turns over to the local government of San Mateo the newly renovated Barangay Ampid-1 Health Center in San Mateo, Rizal . More than 28,000 residents will benefit from the health center.

PNA photo by Avito Dalan

DepEd gets P10 billion more for key programs in 2020

by Edu

Punay Philstar.com

B. LagarE ManilaTimes.net

THE Metropolitan Waterworks and Sewerage System (MWSS) assured consumers that the agency would not allow the doubling in water rates amid issues surrounding the concession agreements.

Patrick Lester Ty, head of the MWSS Regulatory Office, said the office will not allow such a spike in water rates to happen and that it will not allow current issues surrounding the concession to affect water and sewerage services to consumers.

Ty was reacting to speculations of a 100-percent rise in water rates once the concession agreement with Manila Water Co. Inc. and Maynilad Water Services Inc. lapses in 2022.

Early this month, Manila Water and Maynilad announced they were deferring the rate hike, which was supposed to take effect in January 2020 and that they would cooperate with the government in reviewing provisions of respective contracts, which President Rodrigo Duterte had labeled as onerous.

Duterte ordered the two concessionaires’ contracts reviewed, saying they had provisions that were inimical to the government.

In line with the president’s directive, the MWSS revoked a

board resolution that extended the contracts with the two firms from 2022 to 2037.

In a statement on Friday, December 20, MWSS Administrator Emmanuel Salamat made it clear that the 25-year concession agreements with Manila Water and Maynilad remained valid.

But the MWSS said it was trying to draw up a new agreement with the two companies that would be satisfactory to the president.

The two entities also announced they will no longer claim more than P10 billion awarded to them in cases they filed against the government with the Permanent Court of Arbitration in Singapore.

The court had directed the government to pay the Ayala-led Manila Water P7.39 billion for incurred losses. Two years ago, the tribunal also ruled against the government, ordering it to pay Maynilad P3.4 billion for not allowing the firm to raise rates.

The cases angered Duterte, who threatened to let the military take over Metro Manila’s water distribution system.

Trade and Industry Secretary Ramon Lopez allayed concerns that the problems in the water concession contracts are not affecting foreign investors’ view on the country. “It is not creating an uncertainty outside, as others might

Highways for school buildings program was down from P50 million to P35 million.

The House had increased the proposed budget of DepEd by P800 million, from P550.89 billion to P551.69 billion during earlier budget deliberations.

Speaker Alan Peter Cayetano explained that they saw the insufficiency of funds of DepEd for the effective implementation of the K12 program. “We noticed that the purpose of K-12 to enable graduates to land in jobs has not been achieved because DepEd is still lacking in equipment, expertise and training of teachers. So if we want K-12 graduates to already get employment as electricians, automative, computer technician or in the arts or agriculture, the funds are not enough,� he stressed.

Deputy Speaker and 1-Pacman party-list Rep. Mikee Romero cited the need to sustain budgetary support for education programs of government. “We need to build a better education system to be able to produce a highly competent workforce that will attract investors and will be beneficial to the country’s economy,� the economist-lawmaker pointed out.

The DepEd had asked for P803.13 billion, but the Department of Budget and Management only recommended P550.89 billion for the department under the National Expenditure Program. n

MANILA — The Department of Education (DepEd) will get over P10 billion in additional funds next year for its key programs.

The bicameral conference committee of the House and the Senate increased the budget of the DepEd for its government assistance subsidies (GAS) and the Last Mile Schools (LMS) program.

In the 2020 national budget ratified by the House and the Senate, a copy of which was obtained by The STAR, the appropriation for GAS was increased from P31.18 billion to P36.7 billion or by about P5.5 billion.

By line item, the fund for Education Service Contracting Program for Private Junior High School was increased from P10.67 billion to P10.94 billion.

The budget for the Senior High School Voucher Program was increased from P18.75 billion to P23.93 billion. For non-DepEd public schools, the funds were raised from P592.39 million to P642.39 million.

The budget for LMS, on the other hand, was increased from P1.5 billion in the General Appropriations Bill (GAB) earlier passed by both chambers of Congress to P6.5 billion in the ratified version Manilatimes.net file photo after the bicam conference, or by say. It (water concession agree- P5 billion. ment) has to be corrected.

LMS aims to address the gaps in That is also what the president wants,� Lopez said in an interview on Friday. “They have to agree on a new contract that the so-called onerous [provision would be removed],� Lopez said.

The Department of Justice )FMQJOH UIF JOKVSFE BOE UIFJS MPWFE POFT said some of the provisions in the contracts with Manila Water and Maynilad were “disadvantageous� to the government.

Among the questionable provisions for the Justice department is the prohibition against government interference in ratesetting and the indemnity in case of such interference. “There was a provision that the government cannot interfere on the rates. That is one the reasons why it became an issue. There is a need to review and make a new agreement,� said Lopez.

Lopez noted that the government, through the Board of Investments, could provide incentives to the concessionaires provided that questionable portions are not included in a new agreement. “Just in case the provision will be corrected, if it is eligible and included in the priority projects why not,� he said. “It has to be clear that there’s no issue. You won’t give incentives the way it is right now,� added Lopez. n

MWSS assures it won’t allow spike in water rates

by JordEEnE

resources and facilities of schools that are located in geographically isolated and disadvantaged and conflict-affected areas (GIDCA).

This means a total increase of P10.5 billion for both GAS and LMS in the 2020 General Appropriations Act, which is now up for signature of President Duterte.

Apart from this, Congress also increased the budget for DepEd’s quick response fund by P100 million from P2 billion and likewise added a new item amounting to P100 million for learning resources for students with disabilities.

But while the appropriations for key programs of DepEd were increased in the ratified budget, the department’s budget for infrastructure projects under the item Basic Education Facilities for next year was cut by P6.5 billion.

Under the GAB, the item was allocated with P36,006,094,000. But in the ratified version of the budget, it became P29,506,094,000.

The funding for construction, replacement and completion of kindergarten, elementary and secondary school buildings and technical vocational laboratories and the construction of water and sanitation facilities was decreased from P19 billion to P12.935 billion.

The budget for engineering and administrative overhead expenses was also cut from P100 million to P65 million, while the budget released directly to the Department of Public Works and

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DECEMBER 27, 2019 - JANUARY 2, 2020 • NORCAL ASIAN JOURNAL

OpiniOn

A step backward

http://www.asianjournal.com • (650) 689-5160

Features

SINCE 2016, the release to mass media of the official asset statement of President Duterte has been largely routine. The president has often said he hates corruption and has nothing to hide. The relatively fuss-free release of his annual statement of assets, liabilities and net worth or SALN is one proof of this.

So the inevitable question this year is what has changed, as Ombudsman Samuel Martires holds on to the SALN of the president. Martires had told reporters who had asked for Duterte’s 2018 SALN to go to Malacañang instead, ostensibly because the Office of the Ombudsman was still finalizing the rules on such releases.

Malacañang, responding to requests from media organizations, in turn pointed them to the ombudsman, with the Palace spokesman saying the rules required the president merely to file rather than release the SALN. For the past three decades until the time of Martires’ predecessor, Conchita Carpio-Morales, the public and the media have never had a problem in obtaining the SALN of the president of the republic.

Duterte never had any problems with the yearend disclosure of his SALN. It is ironic that this is happening under a President who professes transparency and whose Executive

Editorial

The Fil-Am Perspective Gel SantoS-ReloS CHRISTMAS, undoubtedly, is the Filipino people’s favorite holiday. It spans from September to January in the Philippines, and we take the same spirit with us even as many of us have already relocated to America and elsewhere around the world.

As we find ourselves rushing to prepare for Christmas — the Christmas cards, the Christmas tree, the house decorations, the gifts, the noche buena, the Christmas dinner, texts, audio and video calls to our families back home — let us pause for a

on April 30.

Despite the reasons cited by Martires, the lack of clear-cut rules on the release of SALNs did not stop Vice President Leni Robredo from releasing her 2018 asset statement to the public. Martires must be carrying over to the Office of the Ombudsman the secrecy in the Supreme Court, where problems with asset declarations have contributed to the ouster of two chief justices.

Members of the SC and Congress have always been the most resistant to the release of their SALNs to the Philstar.com photo public. Lawmakers — with all their bodyguards paid for by taxpayers, and the top accountants that made expose them to security threats.

Imelda Marcos, when she was still a congresswoman, When it comes to transparency in assets, the public appear to be the poorest member of the House of perception is that those who have nothing to hide Representatives — claim the SALN release could have nothing to fear. The ombudsman should even

set the example – by releasing his own SALN to the public. Martires’ actions constitute a step backward in efforts to promote transparency and good governance. (Philstar.com)

Merry Christmas! Uplifting quotes about our favorite holiday

moment and find the true meaning of Christmas in our hearts.

Christmas celebrates the birth of Jesus, the fulfillment of the prophecy, the coming of our Savior who delivered us all from sins, which to me is our disconnect with our Creator, our Heavenly Father, our Almighty God. When God became man in Jesus Christ, He showed us the Truth, the Light, the Way in His words, and in His deed as a human being on earth, so that we too will know what life really is all about and how we can live it abundantly.

God has shown us through Jesus Christ that true love, peace, happiness and salvation is anchored on our faith in God’s eternal perfect love for us, in trusting

and obeying His will, in finding and realizing our life mission and purpose, in loving others as we love ourselves.

So this Christmas, let us reflect on this truth. Let our own life be our gift back to God for all the blessings and miracles He has given us.

Here are some more quotes as compiled by the staff of success. com: Gifts of time and love are surely the basic ingredients of a truly merry Christmas. - Peg Bracken Christmas, my child, is love in action. Every time we love, every time we give, it’s Christmas. Dale Evans We are better throughout the year for having, in spirit, become a child again at Christmastime. -

Under Pete Buttigieg, America will be a place of welcome

Commentary

WeSt SacRamento mayoR chRiStopheR cabaldon THAT a young Irish-German woman from a small Iowa town was asked to become director of the Filipino Community House of Chicago as World War II raged encapsulates the rich story of America’s immigrants welcoming America’s next immigrants. The Asian-American immigration experience has been as rich as America itself.

I know, because this is my own family’s story.

Leona couldn’t have imagined the unexpected journey that America would take her on as she made her way from West Liberty, Iowa, to Davenport, the big city down the highway. She earned her wages playing piano at the five-and-dime store, when a young Filipino student from the local chiropractic college started coming in to sing with her. The unlikely singing couple got married, and soon my grandmother was born.

The Great Depression meant few had the money for elective spinal manipulation, so the family moved to Chicago to start another new life. Leona took over management of the Filipino Community House and the Manila Café. There her daughter—my grandmother—met a young man who had immigrated from the Philippines, which was a U.S. territory. He joined the Army and they got married, and my father was born at Fort Ord at the height of WWII. After discharge, the family moved to Stockton, California, home to the largest Filipino population outside of the Philippines. There, they might work the fields during harvest and then operate the local soda fountain and pool hall in the city’s Little Manila district.

Order No. 2 mandated freedom of information in all offices of the executive branch. Malacañang said the president had filed his 2018 SALN on time, beating the deadline

They faced hatred, ignorance, and discrimination—“No Filipinos Allowed” signs littered Stockton—but the fight for justice and the networks of belonging gave them the chance to achieve America’s promise.

The Asian American immigration experience isn’t just about borders and Ellis Island.

It is about the “welcomes” we have received, the homes that we’ve made, the struggles we’ve won, in every single part of this wondrous country.

It is about Davenport, Stockton, Chicago, Plano, Virginia Beach, Reno, and every corner of the land.

That’s why I’m excited about Pete Buttigieg as the next President of the United States.

Pete is the son of an immigrant and the mayor of a city that has been shaped and enriched by generations of immigrants, he is deeply committed to making America a place of welcome.

He knows how central our story is to the story of America, in part because it rhymes with his own.

Last June, I joined a bipartisan delegation visiting detention facilities in Tornillo, Texas, to voice the anguish and outrage of our communities.

When Pete is president, he will end the ugly immigration policies of this administration and protect our southern border as well as those who arrive there with smart and humane border management. And he will take immediate steps to reunify families who have been ripped apart by this administration’s callousness.

Pete will modernize our immigration system so it boosts our economy, protects our com-

munities, and promotes our values. To ensure that immigrants like my grandparents can bring their talents to our communities, Pete will create a new employment-based visa system that will adjust to the changing needs of our economy. He will expand the number of immigrant doctors who can come here and create a “Community Renewal” visa so that areas experiencing population decline can attract the immigrants that will help them grow. He’ll push for work authorization for H-4 visa holders, the overwhelming majority of whom are South Asian women.

Pete will also ensure that families are not waiting years, or even decades, in a visa backlog by increasing resources and the number of alloted family-based visas available each year. He will fight to eliminate discriminatory annual percountry caps. After a month in which our nation accepted zero refugees for the first time, we will reaffirm our commitment to resettling refugees and address new challenges like climate change that are contributing to global migration.

Above all, Pete is committed to ensuring that every new American knows that they are a part of this country. For the 11 million undocumented people who call this country home, including residents of my own city, Pete will create a path to citizenship so they can fully participate in our democracy. He’ll also restore and extend temporary protections such as DACA and TPS. He’ll make it easy and affordable to become a naturalized citizen and create a new Office of New Americans.

Laura Ingalls Wilder What is Christmas? It is tenderness for the past, courage for the present, hope for the future. Agnes M. Pahro He who hs not Christmas in his heart will never find it under a tree. - Roy L. Smith Oh Christmas isn’t just a day, it’s a frame of mind. - Valentine Davies (Miracle on 34th Street) Christmas waves a magic wand over this world, and behold, everything is softer and more beautiful. - Norman Vincent Peale Christmas will always be as long as we stand heart to heart and hand in hand. - Dr. Seuss Peace on earth will come to stay, when we live Christmas every day. -Helen Steiner Rice

Blessed is the season which engages the whole world in a conspiracy of love! -Hamilton Wright Mabie The best of all gifts around any Christmas tree: the presence of a happy family wrapped up in each other. -Burton Hillis I truly believe that if we keep telling the Christmas story, singing Christmas songs, and living the Christmas spirit, we can bring jo and happiness and peace to this world. -Nortman Vincent Peale A good conscience is a continual Christmas. -Benjamin Franklin Christmas is a necessity. There has to be at least one day of the year to remind us that we’re here for something else besides our-

selves. -Eric Sevareid CHRISTMAS is a bridge. We need bridges as the river of time flows past. Today’s Christmas should mean creating happy hours for tomorrow and reliving those of yesterday. -Gladys Taber MALIGAYANG PASKO at mapayapa, pinagpala at mapagpalayang Bagong Taon 2020!

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

None beats a Pinoy, the eternal optimist Postscript

Federico Pascual Jr. NOTHING beats the Filipino, the eternal optimist who insists, even as he thirsts, that the halfempty glass will soon be full.

The latest survey has shown again that nine in 10 Filipinos welcome the New Year with optimism in the midst of the trying times and nearly half of whom see a “more prosperous” holiday season despite the absence of clear signs of the hoped-for prosperity.

A nationwide survey conducted Dec. 3-8 by Pulse Asia found 93 percent of 1,200 adult respondents saying they face the coming year with hope – 9098 percent in all geographic areas and 91-97 percent across all economic classes.

Pulse Asia observed: “During the period December 2018 to December 2019, hopefulness becomes more pronounced among those in Class E (+15 percentage points) while indecision on the matter in the same socio-economic grouping eased (-15 percentage points).”

Languishing in a dark cellar, there is not much one can do except to keep hoping and looking for a way to get out into the sunlight. May awa ang Dios.

To the less spiritual, bahala na si Batman.

The polling firm said this month’s survey results are essentially the same as those in December 2018. This means, to this blasé observer, that the fatalistic Filipino has not changed much in his outlook on matters that seem beyond his limited control.

The only significant changes in public opinion on the survey

matter from December 2018 and December 2019, according to Pulse Asia, are: The drop in the percentage of Visayans who say the holiday season will be more prosperous for them and their families (-25 percentage points); increase in the percentage of those in the Visayas who expect their holiday celebration this year to be the same as the one they had a year ago (+21 percentage points); and decline in the percentage of Mindanawons who see no change in their holiday celebration year-on-year (-12 percentage points).

Pope reminds envoys of human rights AT THE Vatican, Pope Francis reminded ambassadors presenting their credentials to the Holy See to promote and protect human rights and dignity, which are growing concerns in places where oppression and abuse abound.

The world is getting smaller, meanwhile, for human rights violators and perpetuators of extrajudicial killings in the Philippines. They could soon be denied entry and their assets frozen in the European Union, United States and other countries.

Pope Francis reminded incoming ambassadors on Thursday about human rights and dignity when they presented their letters of credence in the Clementine Hall. The envoys came from Seychelles, Mali, Andorra, Kenya, Latvia and Niger.

Francis told them: “The Catholic Church is committed to cooperating with every responsible partner in promoting the good of each person and of all peoples.”

His “prayerful hope,” he said, is that their mission “will contribute not only to the consolidation of the good relations existing between your nations and the Holy See, but also to

the building of a more just and peaceful world in which human life, dignity and rights are respected and enhanced.”

Excerpts from the Pope’s remarks: “Our meeting today takes place as Christians throughout the world prepare to celebrate the birth of the one whom we address as the Prince of Peace. In fact, peace is the aspiration of the entire human family. It is a journey of hope, encompassing dialogue, reconciliation and ecological conversion.

“In a world sadly marked by civil, regional and international conflicts, social divisions and inequalities, it is essential to undertake a constructive and creative dialogue based on honesty and truth, with the aim of fostering greater fraternal solidarity among individuals and within the global community.

“For her part, the Catholic Church is committed to cooperating with every responsible partner in promoting the good of each person and of all peoples. It is my prayerful hope that your mission will contribute… also to the building of a more just and peaceful world in which human life, dignity and rights are respected and enhanced.

“The path to peace begins with openness to reconciliation, ‘which entails renouncing our desire to dominate others and learning to see one another as persons, sons and daughters of God, brothers and sisters.’ Only when we set aside indifference and fear can a genuine climate of mutual respect grow and flourish. This, in turn, leads to the development of a culture of inclusion, a more just economic system and various opportunities for the participation of all in social and political life.

“Your presence here is a sign of the resolution of the nations you represent and of the international community as a whole to address the situations.

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

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SC junks petition over sale of reclaimed land

by JoMAr

CAnlAs ManilaTimes.net

tHe supreme court junked the petition of a lawmaker for the government to repossess a 41hectare reclaimed land in manila Bay because he did not have the legal personality to file the case. in a seven-page en banc resolution, dated dec.10, 2019, which lawyer edgar aricheta, clerk of court signed, the high court said that 1-sagip party-list rep. rodante marcoleta was not the proper party to bring the case to its attention by simply claiming that the property, allegedly sold to the manila Bay development corp. (mBdc), a private firm, was public domain. in his petition, marcoleta said the transaction between the Philippine reclamation authority (Pra) and the mBdc was “illegal and unconstitutional.” the supreme court said the case must be filed by the Office of the solicitor General and not marcoleta. “to begin with, petitioner does not appear to be the proper party to bring an action to nullify the sale of the subject land and to cancel its derivative land titles. assuming that the sale of the subject land is indeed void for the reasons mentioned by petitioner, the appropriate suit to bring is for the version of such land back to the mass of public domain. such suit however, can only be filed by the state — the original owner of such land — through the Office of the solicitor General,” it ruled. and even if marcoleta had the legal personality, the supreme court was not the proper venue to hear the case because it was not a trial court that received evidence, it added.

“Unfortunately, a proper resolution of such issues presupposes a determination of facts that, in turn, requires reception and appreciation of various evidence. that, the court, in the present action, is incapable of doing.” also named respondent was the commission on audit, register of deeds for Parañaque city, the light railway transit authority (lrta) and the mBdc. Based on his 33-page petition, dated april 19, 2018, marcoleta, sought high court intervention seeking to compel the Pra to repossess the 41-hectare reclaimed land property along roxas Boulevard known as the central Business Park 2 where the entertainment city stood. the property

Manilatimes.net file photo

was sold to the mBdc in august 1988 for P472,037,050. marcoleta said the alleged sale to mBdc violated the 1987 constitution since the property was reclaimed land and should be inalienable land of public domain. “the subject reclaimed property is an inalienable land of the public domain and beyond the commerce of man. it had never become alienable nor disposable. thus, the sale or conveyance thereof to respondent mBdc is undeniably null and void,” marcoleta said. marcoleta also prayed for the immediate issuance of a temporary restraining order enjoining the Pra from selling, transferring or conveying the property to any buyer of third-party purchaser, as well as the Parañaque city register of deeds from allowing the registration of a new deed for any creditor or third party.

He also asked the supreme court to declare “the deed of sale dated aug. 23, 1988 and the supplementary deed of sale dated feb. 22, 1989, both executed by the Public estates authority (Pea, now respondent Pra) and respondent mBdc, to be null and void for being manifestly contrary to sections 2 and 3, article 12 of the constitution.”

He also wanted the supreme court to order Pra to recover possession and ownership of the land in the name of mBdc, and lrta. the lawmaker cited as his legal basis for his petition the 2002 case of the amari coastal development corporation wherein the high court ruled that reclaimed

lands were public domain. in the Pea-amari case, the supreme court voided the transfer by Pea of 368 hectares of reclaimed land in manila Bay to amari through a joint venture.

“Unless such lands are reclassified as alienable and disposable and declared no longer need for public use, these lands remain inalienable and thus are outside the commerce of man,” marcoleta said. “it is ineluctable that at the time of the execution of the said deed of sale, the aforementioned two official acts, namely, classification that the subject reclaimed property is alienable and open to disposition and a declaration that the same is not needed for public service were completely absent,” he said.

He clarified that there was even no law being passed to dispose of the property and even if there was, the sale of land of public domain to a private corporation was prohibited by the constitution.

He also argued that the sale should be voided since it did not have a specific object as required under article 1318 of the civil code and that it also failed to indicate the technical description of the land subject matter of the sale and transfer. “the land planned to be covered by the deed of sale is clearly unidentifiable. this is fatal as the said land is the object of the contract between respondent Pra and respondent mBdc. Without an object, there is no contract to speak of. On this score alone, the deed of sale dated aug. 23, 1998 is patently void,” he added. n

President Rodrigo Roa Duterte poses for a selfie with Manila City Mayor Francisco Domagoso, Senator Christopher “Bong” Go and Interior and Local Government Secretary Eduardo Año during the closing ceremony of the National Reserve Officers’ Training Corps (ROTC) Summit and the 1st Presidential Silent Drill Competition at the Quirino Grandstand in Manila.

Malacañang photo by Rey Baniquet

De Lima bats for Magnitsky rights act

by BernAdeTTe

TAMAyo ManilaTimes.net

seNatOr leila de lima on sunday, december 22, said the collective efforts from human rights defenders worldwide to create a law like the United states’ magnitsky act could serve as a warning to all dictators that justice is catching up on them. the magnitsky act, or the Global magnitsky Human rights accountability act, authorizes the U.s. government to sanction human rights offenders by banning entry into the U.s. and freezing the assets of those involved in his persecution and death. she said foreign ministers of the european Union (eU) have reportedly “agreed to launch the preparatory work for a global sanctions

regime to address serious human rights violations,” which would be the eU’s equivalent of the Us magnitsky act. aside from the eU, canada Prime minister Justin trudeau has also recently directed his foreign minister françois-Philippe champagne to support victims of human rights abuses globally by building on the U.s. magnitsky act against rights violators and oppressors in different parts of the world. de lima said she hopes that more voices, groups and personalities from the country and abroad would lend their voice to defend human rights. she was detained in february 2017 at the Philippine National Police custodial center on drug charges. she denied the complaint and described it as political-

Manilatimes.net file photo

ly motivated, being a critic of the government’s war on drugs. the U.s. senate foreign relations committee recently passed a bipartisan resolution calling on the Philippine government to free her from detention and drop all charges against her. n

Westmincom proposes reform program vs violent extremism Broad reform against Violent extremism (BraVe), the initiative was introduced by lt. Gen. cirilito KamPO raNaO, marawi city sobejana, Westmincom chief, in a — the Western mindanao com- meeting with officials of the Basimand (Westmincom) has pro- lan, sulu and tawi-tawi (Basulta) posed a new reform program to areas. counter violent extremism in this “the BraVe adopts the strapart of the country. dubbed the tegic framework of the Program

by AsAngAn

T. MAdAle Manilatimes.net

astrazemi ca “female ad” 1/2 Hfc

against Violent extremism (PaVe) for Peace, which depicts the interplay of good governance, law enforcement, and community participation,” sobejana said. He described PaVe for Peace as a holistic approach program that seeks to end violent extremism and bring about peace in the region. n

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DECEMBER 27, 2019 - JANUARY 2, 2020 • NORCAL ASIAN JOURNAL

http://www.asianjournal.com • (650) 689-5160

SF The Asian Jour nal SF MAGAZINE - December 27, 2019

Friday, December 27, 2019

AJPress Illustration by Godwin Gasacao

cover story

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The Asian Jour nal SF MAGAZINE - December 27, 2019

Resolutions 101: Goals for the New Year I plan on saying “no” more often and making less excuses.

Dr. Bernadette EscalonaAS we come to the end of Cooper, 66.

2019, we mindfully look back Professional artist and and quickly retrace the things Chairman of State-registered we could have done differart organization, Sunnyvale, ently. These are not regrets, CA but more of possibilities (and Promote inclusiveness, maybe opportunities) that might have helped us grow, or encourage community engagement and open innovamade our lives a little better.

Then we look ahead to the tion through the arts in order to minimize, if not eradicate, coming year — full of hope, and yes, goals and resolutions cultural isolation.

I intend to achieve these that we intend to achieve. It goals through creative coldoesn’t matter if there were one or two (or more) that were laborations. It is when we work on the list before, “Try and try together in a joint intellectual until you succeed” will always be the motto.

Lose weight.

Eat healthier.

Be nicer. Work towards a better career. The list is long, but as the months go on, the journey to achieving goals is longer. Having a resolution is exciting, but keeping it is not that easy. A lot of people are not and creative effort that we ready to make a serious comstrengthen the importance mitment in order to succeed. of every culture in the comYes, there is hope, but no strategy and as they say, hope munity.

Showing the fusion of is not a plan. ideas from different cultures in Asian Journal asked a art exhibitions becomes a relnumber of people what their evant and powerful statement New Year resolutions are and that creates discussions about how they intend to achieve lessons learned from different them: experiences and culture. PeoAdrian Danganan. 26. ple then will understand the Nursing student and food existence of different cultures, blogger. Covina, CA. recognize and respect “ways Aside from the usual “be of being” and dispel negahealthier” and “be more ortive and personal biases and ganized,” I really want to not cultural isolation. commit to things I cannot do Anna Allado, 43. Caregiv— short term and long term er, San Francisco, CA — in 2020. Not being able To appreciate life more. to fulfill promises has proven problematic the last few years, I’ve had three good friends and the start of a new decade and a really nice cousin who passed away in 2019 (includseems as good a time as any ing four pets). Life can be to really work on this. by

AJPress

(1) focusing on the person I’m with and not be too fearful of rejection, and to be more expressive both in words and touch of my feelings; (2) not care too much about what people will think or say; and, (3) focusing on the moment.

Aira Mae Guerrero, 23.

Content specialist, Pasay City, Philippines My goal for 2020 is to become a full-time entrepreneur.

It’s scary, but I’m preparing myself in terms of building and making my team stronger, taking care of my relationship with my clients, and managing my time.

John Christopher Amodo, 23. Senior content specialist, Antipolo, Philippines My goal for 2020 is to take on more risks and gather experience from different fields I am passionate about that I feel would be essential in the next 10 years.

In order to achieve these goals, I will steps to remain healthy, review my meticulous records exercise more and healthy food/living. Live life to the full- of my journeys and weigh est and spend more time with which discipline works and which doesn’t; what drives family and friends. me to my full potential and I plan to achieve those what doesn’t. They say dreams through daily meditation and don’t work unless you do, but mindfulness, which I’ve been practicing over 30 years, posi- I will aim to better differentitive attitude makes you young ate working smart from working hard, so as to pave way for and free!

10,000 steps daily is a wish the career growth that I am looking for. and good for me being a real Elaine Dela Cruz, 23. estate broker as I walk and show apartments in the city. A Marketing officer, Makati real estate broker is always on City, Philippines For 2020, I want to save the move.

Louise Bejer, 38. Lawyer, more and invest. As much as possible I will avoid unnecesNew York City sary expenses and focus more New Year’s resolutions: to on investing for the business love a little deeper, to live a little freer, and to laugh a little that I want to open. 2020 will all be about growth and a harder. start to secure my future.

And I plan to do that by taken away unexpectedly.

Live life with less fear and more faith and gratitude.

Also, complete an online computer course I bought on sale for $12. I need the right discipline and commitment because this is like learning a new language. I’ve already set up my study area and browsed the course outline.

Hope to finish it in less than six months.

Edwin Josue. Real estate broker, New York City If you ask me here are some — still save money for retirement. Do the 10,000

“Then we look ahead to the coming year — full of hope, and yes, goals and resolutions that we intend to achieve. It doesn’t matter if there were one or two (or more) that were on the list before, “Try and try until you succeed” will always be the motto.

Adrian Daganan is a graduate of Cal Poly Pomona and has become a vibrant figure in the LA foodie community through his foodie Instagram account @eatwithadrian.

Lawyer from New York City Louise Bejer’s resolutions include to love a little deeper.

Aira Mae Guerrero, a young entrepreneur aims to build a stronger relationship with her clients.

John Christopher Amodo wants to take on more risks to find what he is really passionate about.

Dr. Bernadette Escalona Cooper, a professional artist and Chairman of a non-profit, wants to promote inclusiveness in the community through the arts to minimize cultural isolation.

Anna Allado, a caregiver from San Francisco, aims to live life with less fear and more gratitude.

New York City real estate broker Edwin Josue wants to live life to the fullest by keeping healthy.

Elaine Dela Cruz from Makati City, Philippines, wants to save more and invest in a new business this 2020.

Sylvia Sanchez looks forward to producing

Richard Gomez graduated with a Doctorate in Public Administration at the Cebu Technological University.

AWARD winning dramatic actress Sylvia Sanchez ends 2019 anew with a hit teleserye on ABS-CBN, “Pamilya Ko,” and is looking forward to a more exciting New Year.

Giving a hint of what’s to come in 2020, Sanchez signed up with ALV Talent Circuit, Arnold Vegafria’s talent management outfit, in what both actress and agent describe as a “partnership” to explore potential movie projects, not only as an Photo from Instagram/@richardgomezinstagram artist but a producer as well.

“Ever since Tita Angge [Cornelia Lee, her original manager who highly respected in the industry] passed on, I’ve always been looking for someone to work with who will treat me like she did — like family. So above The Dean but also with other all else in this partnership, I exgraduating students present,” pect to be with a family in ALV. Gomez said.

Trust and loyalty are important “This was a very enriching to me, and I’m confident that course and experience for me this new venture will point me in especially in my capacity as a lo- that direction.” cal chief executive,” he added.

As the lead stars of “Pamilya Gomez is currently the Ko,” Sanchez continues to earn mayor of Ormoc City in Leyte. critical acclaim for her dramatic Meanwhile, Torres is the mettle, which has made her one incumbent representative of of the Kapamilya network’s firstthe fourth district of the said call actresses. province.

Given the chance, however,

Richard Gomez earns doctoral degree in public administration by ryAn ArcAdio Inquirer.net

RICHARD Gomez graduated with a doctorate in public administration from the Cebu Technological University recently, proving that it is never too late to pursue further education.

The actor-politician posted photos and clips from the graduation ceremony last

Friday, Dec. 20 on his Instagram page, moments after receiving his degree.

His wife, Lucy Torres accompanied him to the event, and even gave a speech at the said university.

“My thesis was on Modeling the Intertwining Constructs of Green Information Technology Adoption Diversity which I defended not only before the panel of professors and

Arnold Vegafria (right) of ALV Talent Circuit welcomes Sylvia Sanchez to its roster of talents.

Instagram photo

she would love to dabble in more comic roles. “My first TV exposure was actually comedy, when I worked with Rene Requiestas in ‘Bhoy’ (1989-1991),” she recalled.

Again, she is also optimistic about working behind the scenes as a movie producer

and hints at two forthcoming indie films set to roll next year.

“I’ve got a movie in mind where I’ll be joining the cast, and another one that will spotlight the really good anchors we have on TV and the movies today. It will be their time to shine.”(Manilatimes.net)

Vice Ganda: People just want to have a good laugh

by PAblo A. TArimAn Philstar.com

THE last seven years of Vice Ganda’s life is a consistent success story.

He remains the sought-after, live-wire host of TV programs from “It’s Showtime” to “Gandang Gabi Vice” and without his presence, those shows would be exercises in boredom.

With Christmas just a few days away, Vice reasserts his presence in the Metro Manila Film Festival (MMFF) with an entry called “The Mall, The Merrier.”

By now, he is sure about his audience.

“My movie is not really for those who enjoy shopping at the mall,” he says. “I am thinking of the small people who have no means to live it up and are basically content with watching teleseryes after a hard day’s work. When they go to the cinemas on Christmas Day, I like them to enjoy that break with a movie that will make them laugh and forget how life can become so unfair at times. I believe I was able to connect with this audience and you’d be surprised they are the ones who contributed to

my films landing on the super blockbuster list.”

In the past, he admitted, his offering is the kind of entertainment that small people ask of him. “They don’t want profundities and life’s cruel turns on Christmas Day. They just want to have a good laugh before going back to the hard grind. This is what they want and why change it? After all, I do this only once a year.”

To be clear about it, Vice no longer likes being addressed as “Sir.” Used to be known as the Political Science undergraduate of FEU by the name of

Jose Marie Borja Viceral who used to live in the periphery of Jose Abad Santos St. in Manuguit, Tondo, Vice has evolved with a gender Vice is more comfortable with. It is the gender of choice although not born as such.

Now, Vice is a person of means (no single quote there) who is also in love.

Joining a presscon for his latest MMFF entry, Vice opens up about what he enjoyed in his latest movie brainchild and how it is loving and living within the periphery of the man he loves.

Continued on Page SF3 Vice Ganda and Anne Curtis

ABS-CBN photo

Immigration Corner Atty. MichAel Gurfinkel, eSQ ALMOST 20 years ago, the U.S. State Department (DOS) provided guidance to consular officers that they should be “judicious” (use good judgment or common sense) about returning approved petitions to USCIS for revocation. In other words, they should not be “trigger-happy” in returning approved petitions.

DOS warned that Posts “should not use the revocation request process as a means of disposing of problematic cases in which fraud, misrepresentation, or in eligibility for status is only suspected but cannot be clearly established.” Instead, petitions should only be returned to USCIS when the ineligibility has been “clearly established.”

The DOS guidance reminds consular officers that USCIS’s approval of a petition is “prima facie evidence of the applicant’s entitlement to visa status, and that consular offices should not attempt to readjudicate petitions.”

Unless a consular officer has clearly established evidence of fraud, they should not be second-guessing USCIS’ approval.

Consular officers should “seek revocations “sparingly,” to avoid inconveniencing the petitioners and applicants and creating an additional administrative burden for USCIS.” In “the absence of hard, factual evidence of fraud, misrepresentation or ineligibility for

Guidance on petition revocations status, consular sections are advised to issue the visa…”

I believe this DOS guidance applies not only to petitions, but also to provisional waivers and other immigration applications and benefits. I’ve discussed in my newspaper columns and on my television show, “Citizen Pinoy,” how the Embassy has been charging people with fraud for having overstayed in the U.S., despite the fact that USCIS had already APPROVED the person’s provisional waiver, thereby forgiving or waving that overstay.

When the Consular officers charges a person with fraud, it results in that person now having to file another waiver with USCIS, where they effectively demonstrate the same “extreme hardship” on their qualifying relative which they had already done when they filed for their provisional waiver. The USCIS already found extreme hardship and approved the provisional waiver!!! By returning the case to USCIS, consular officers are doing exactly what the DOS guidance advised them against doing: second-guessing USCIS’s previous finding and approval, inconveniencing the petitioner and applicant, and most importantly, creating additional administrative burdens for USCIS by having them readjudicate or re-approve a waiver with the same finding of extreme hardship.

I hope consular officers will take to heart this DOS guid-

ance and not be trigger-happy in finding fraud, based on mere suspicions, and especially in provisional waiver cases based on a person “overstaying.”

If you (or your relative) returned to the Philippines on an approved provisional waiver, and were charged with fraud for having overstayed, I would recommend you seek the assistance of an attorney, who can assist you in rectifying the situation. *** Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bars of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California.

Each case is different and results may depend on the facts of the particular case. The information and opinions contained herein (including testimonials, “Success Stories”, endorsements and re-enactments) are of a general nature, and are not intended to apply to any particular case, and do not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter.

No attorney-client relationship is, or shall be, established with any reader.

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

Inquirer.net

SHOWBIz celebrities and real-life couple Rodjun Cruz and Dianne Medina officially tied the knot on Saturday, December 21.

They were married at the

SF

The Asian Jour nal SF MAGAZINE - December 27, 2019

AN EMPLOYMENT SPONSORSHIP WAS FILED BACK IN 2004. YET 15 YEARS LATER, NO UPDATES HAVE BEEN RECEIVED. IS THERE A WAY TO CHECK ON THE STATUS OF THIS CASE? THIS QUESTION AND MORE WILL BE ANSWERED ON “CITIZEN PINOY: YOUR TANONG, MY SAGOT!” It is the turn of the second batch of Kapamilya who came to the Citizen Pinoy taping in Virginia to get answers to their immigration questions answered this Sunday. Be sure to watch this encore episode of — “Citizen Pinoy,” this Sunday at 6:15 p.m. PST/EST (9:15 p.m. EST thru select Cable/Satellite providers).

(Advertising Supplement)

Vice Ganda: People just want to...

From Page SF2 “Doing a film is like bonding with new and old friends alike,” he said. “You are all tied to a new journey together and surprise of surprise, you discover you are not in this project just for the money but for the camaraderie that develops on the way to conceptualizing and wrapping up the project. You discover a need to reconnect and from what you find out, you enjoy the human factor that binds you to each other. You can say we were sad when it was time to go back to our private lives (Advertising Supplement) after giving everything to this movie.”

The other members of the cast are unanimous about Vice as the ideal “ate” figure you can run to for your urgent concerns.

Dimples “Daniela” Romana has known all along Vice is and Rodjun’s brother Rayver.

Manila Cathedral, and were friend to all. “He likes talking Fellow Kapuso actor Kristjoined by family and friends, about his project and making offer Martin shared via Insas well as other fellow celebevery one of us understand tagram Stories the moment rities. that we have a different audiwhen Rodjun and Dianne On Instagram, actor ence and a different take for officially became husband Joross Gamboa shared a coming up with this movie. He and wife. photo of the groom with likes sharing tips, likes comRodjun and Dianne have other guests, including MatContinued on Page SF6 paring commitments not just teo Guidicelli, Alden Richards

Dianne Medina, Rodjun Cruz tie the knot

by Katrina Hallare

community

to people but also with your work. Where Vice is now with the success he is reaping, his advice becomes indispensable to all of us. A good ‘ate’ or ‘kuya’ to everyone.”

Like it or not, you see the prime of Vice Ganda in this presscon and the mellowing of

the TV host when some controversial topics crop up.

Vice refuses to be dragged once more into L’Affaire Quiboloy with whom the comedian had a catty exchange online. He invokes the spirit of Christmas when he says he Continued on Page SF5

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celebrityworld

The Asian Jour nal SF MAGAZINE - December 27, 2019

celebrity world

Filipino celebrities plans, wishes and messages this holiday season

By Ferdie Villar IT is indeed the season to be merry! And just like ordinary citizens, showbiz personalities have their own plans, wishes and or/messages for themselves, their friends and loved ones. Here are some celebrities sharing what they plan to do this Christmas and New Year, as well as a few who have wishes and messages: • Enrique Gil: Sharing that her busy mom needs a welldeserved vacation, the actor said that he is going to Hawaii with her.

“My mom loves Hawaii kasi eh last year nandun na kami.

Usually yearly gusto namin ibang place naman pero si mama she’s really busy with the construction, lahat yun si mama talaga,” he said in an interview with Push.com. “So she deserves every bit of the vacation.

But I’m going to LA first with Hopie because we’re going to visit her family then susunod kami sa mom ko sa Hawaii.”

• Liza Soberano: The other half of LizQuen is definitely spending time with Enrique’s family, but will of course, visit hers first.

“I’m going to be going to the States to spend time with my family and also with Enrique’s family,” she shared.

“But it’s going to be a bit shorter than how I usually spend my holiday trips because we have a new show coming out and we have to start working on that.”

• Jasmine Curtis: With her older sister (actress Anne Curtis) pregnant with her first child, Jasmine is not sure if her ate will be able to join their family if they go to Boracay for New Year. “...I’m not sure if Ate (Anne)

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can make it kasi nga preggers and it’s a small plane so we need to make sure that she’s also safe,” Jasmine said. “But for myself, my brother, and my mom, we will most likely do Boracay.”

• Robi Domingo: The actor initially had plans to celebrate in Taiwan with his family for the New Year, but plans changed due to work. “...May plans daw ang ABS-CBN to have their very first New Year’s countdown.

It’s a big plan and the bosses called me so yun,” he said in an interview with Push. “Kung matuloy yun heck I’ll be the Ryan Seacrest when it come to the ball drop so I’m excited for that one.”

• Kuh Ledesma: The music icon is of course spending the holidays with her daugther Isabella, but Kuh has a simple wish this Christmas.

“Continued joy and peace from God. That’s what I ask for,” the Pop Diva shared with Push.com. “I also wanna visit where I can bring joy to the people — the children and even the old ones.”

• Rufa Mae Quinto: The sexy actress recently posted on Instagram a lengthy message for her daughter, Athena about the real meaning of Christmas.

In the post, Rufa Mae told her daughter how much they care for her from the moment she was in her belly until now that she is almost 3 years old.

“Masaya ngayong Pasko, Kasi sinugurado naming magkakasama tayong tatlo. Simple prayer, church for the birthday of Papa Jesus, simple dinner, simple gift giving, Aginaldo, caroling, noche buena, games,

baking Christmas cookies queso de bola, ham, putting up Christmas tree.. ornaments, etc etc...

“Yan ang isa sa pinaka Magandang regalo namin sayo anak, malaman mo ang tunay na meaning ng Pasko Wala ako maisip na regalo para sa mag Ama ko, America nalang mag shopping! Yas! sana madaming sale.” *** Multi-awarded actress and humanitarian Angel Locsin is the new Anti-Piracy Ambassador for the Optical Media Board’s (OMB) #NgayonNa campaign.

The OMB has recognized the achievements and advocacies of the actress, such as her fierce protection of the TV and film industry, as well as her continued support of the Philippine National Red Cross.

As the new face of OMB’s Anti-Piracy campaign, Angel will be involved in various activities of the agency in promoting intellectual property rights of producers, composers, and media creators.

Pop Diva Kuh Ledesma only wishes for continued joy and peace from God this holiday season.

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Actor Enrique Gil will be spending the holidays with Liza Soberano’s family in Los Angeles and then will follow his mom in Hawaii.

Beautiful actress Liza Soberano shared that she will spend Christmas with her family in the U.S.

Jasmine Curtis said that she and her family (but not sure about her pregnant sister, actress Anne Curtis) will be in Boracay to welcome the new year.

Robi Domingo had to cancel plans of celebrating New Year in Taiwan with his family because of work.

Sexy actress Rufa Mae Quinto posted a lengthy message for her daughter Athena about the real meaning of Christmas.

Multi-awarded actress and humanitarian Angel Locsin is the new Anti-Piracy Ambassador for the Optical Media Board’s (OMB) #NgayonNa campaign.

PSYCHIC

Immigrant Living: 101 and Beyond Monette AdevA MAglAyA A CIRCLE is perhaps the perfect geometric structure there is.

Although some would claim the triangle or a square to be better structures because of their stable nature, the circle and all its derivatives — the orb, the sphere, the globe and every structure on earth and in the universe with a core, circumference and radii emanating from the core — can teach and even help us to understand much about nature, about ourselves and human life and its cycles and seasons, from the most profound to the most mundane levels.

From the micro to the macro levels, every creative urge on every level, in the intellectual and the physical realms, begins as a thought and if tenaciously pursued and fleshed out by one’s strength of will, proceeds from concept to completion as a circle.

Even in the mundane reality of living an ordinary life from day to day, circles and cycles mark the patterns of our lives, from sunrise to sunset. Note nature’s seasons and cycles of birth and death, of sleep and wakefulness, of ebb and flow, of the waxing and waning of the moon and of the quarter million year rotation of the solar system around the core of our home galaxy, the Milky Way and in the grandest of levels, the movement of a nearly infinite number of galaxies in the universe, the edge of which only the Creator knows.

On the minutest level, the astounding movement of electrons around a nucleus and the wondrous flow of the human bloodstream to and from the heart are cyclical.

As science has found out, blockages, either man-made or natural to the flow or movement in the processes existing in nature at all levels, can create anomalies, abnormalities and mutations, resulting in pain and

Like riding a bicycle: Circles, cycles and movement “Life is like riding a bicycle.

To keep your balance, you must keep moving.”

—Albert Eistein illnesses in the human body and if uncorrected, result in diseases, debilitation and ultimately, death.

This presents a strong argument for regular exercise and consistent movement in our daily lives at any age. Movement pumps the blood flow in the neurons of our brain and in the capillaries in our extremities to and from the heart. The action in turn, strengthens the muscles of the heart and maintains blood pressure at healthy levels.

Nature moves in cycles.

While the earth’s atmospheric cloak adheres to the surface because of the gravitational pull of the earth’s mass, the hydrologic cycle will continue to maintain our seas and give us rain to sustain all planetary life — that is, for the time being —unless something unforeseen and catastrophic, like a rogue asteroid with the earth’s name on it as its target, upsets and upends this delicate and rare homeostatic balance.

If and when that happens, as scientists theorized is the reason dinosaurs were wiped out 65 million years ago, it would be a complete cycle. It would be ADIOS to human life as we know it. Fortunately, such occurrences happen in geologic time, in millions of years.

The prophets of doom heralding climate change, backed by some pseudo scientists) include themes of global cooling or global warming (take your pick). For a number of years, they have been trying to scare the living daylights of present day earth inhabitants with stark doomsday scenarios.

Someone claimed with arrogant certainty a few years back that because of global warming the polar ice caps

would be completely gone by now. The seas will rise and cities along the coast will be plunged in chaos.

Guess what? The ice caps are still there and the fairly recent occurrence of a polar vortex which brought one of the most severe and bitter winter seasons in memory belie such claims.

The fact remains there is no predicting the weather or for that matter, the end of the world with absolute certainty and infallibility. Climate is part of science that is still evolving.

There is nothing settled about it. We can track its patterns and draw some educated guesses so we can prepare for catastrophic disturbances to mitigate destruction. The world is a sphere and there is still so much about our planet that needs to be discovered.

Who knows when the next Krakatoa or Vesuvius will erupt and spit out so much sulfur to envelop the world for years that temperatures drop significantly because sunlight is blocked.

It has happened before with Mount Pinatubo and other volcanoes along the Ring of Fire through the centuries. The only thing certain is that volcanic eruptions will happen again. We just don’t know when.

Who knows when the Big One for California will happen?

It is not a matter of if but when.

That is a given. The last big one in San Francisco was over a hundred years ago and scientists say California is due for the next big one.

Who knows when the next Katrina will come and wreak havoc? Who knows the direct path tornadoes will take? All we know is that there are things that humans can predict with Continued on Page SF6

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SF

The Asian Jour nal SF MAGAZINE - December 27, 2019

Real Estate Knowledge MArtin SAntiAgo, Broker-ASSociAte BUYING a home is a big deal. Too often, I think people rush into home ownership because it’s seen as a sign of adulthood and financial responsibility.

Home ownership can be a smart long-term move, but you want to know what you’re getting into. It is important to know the three contingencies you can select when buying a home. Contingencies are listed in the purchase agreement — a legally binding contract between buyer and seller that lays out a timeline and expectation framework for the property sale.

First is the inspection contingency on Section 14.B on the California Purchase Agreement. It means a homebuyer can cancel the sale or try to negotiate repairs based on the results of the inspection. In the Bay Area, most often, home inspections are conducted before putting the house on the market, thus a complete disclosure package is provided by the seller. The default in a California contract is 17 days for a buyer to complete the property inspections but this can be revised to a lesser number to suggest a stronger offer.

Second is the appraisal contingency on Section 3.I of the California Purchase Agree-

Three contingencies in home buying

ment. Typically, your bank will hire a licensed appraiser to determine the fair market value of the home based on its general condition, location and the sales price of similar properties in the area known as comparative sales, or comps.

Let’s say you’re buying a house for $1,300,000 with a $300,000 down payment and a $1,000,000 mortgage.

If the house is appraised at $1,260,000, the bank will only loan you that amount — leaving you $40,000 short. If the seller refuses to lower the price to make up the difference, the appraisal contingency lets you walk away and get your deposit back. If you don’t have an appraisal contingency, you can pay the $40,000 difference out of pocket between the purchase price and the appraised value.

Third is the loan contingency on Section 3.J.3 of the California Purchase Agreement. Only home buyers who are obtaining financing tend to make the purchase contract contingent on obtaining a loan.

Cash buyers do not request a loan contingency because there is no loan. Most sellers expect that a buyer will need to obtain financing. Sellers are typically somewhat reasonable and will allow a certain period of time to pass for the buyer to obtain the financing and remove the loan contin-

gency. Default in contract is 21 days but in the Bay Area, this is usually reduced to 10 days or sometimes even 7 days to make a stronger offer.

A buyer might wonder what would happen if the lender, for some unforeseen or odd reason, decided to reject the loan. If the buyer had removed the loan contingency, the buyer might be at the seller’s mercy, and the buyer’s earnest money deposit could be at risk.

Few buyers are willing to take a gamble on losing the deposit.

Removing all 3 contingencies means the buyer is proceeding with the purchase of the property without any reason to back out, negotiate or cancel the contract.

The shorter the contingency period, the better for the seller because the sale has the opportunity to move forward more quickly. Conversely, the longer the contingency period, the better for the buyer because they have more time to make sure the house they’re interested in is the one. *** Martin Santiago is a broker associate at Compass Burlingame, a full-service residential brokerage firm. The information presented in this article is for general information only and is not, nor intended to be a formal legal advice nor the formation of a broker-client relationship. Call or email Martin at (415)850-7704; teammsquare@ gmail.com; www.teammsquare.com.

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Vice Ganda: People just want to...

From Page SF3 prefers to be at peace with everyone in this important month of Christendom.

He looks lovingly at his love, Ion Perez, who is in the movie as well.

How does being in love affect him as he barges through his hectic showbiz schedule?

“It works in many ways,” he says. “It is nice to begin your day with a smile knowing someone really cares for you.

That’s the reason I no longer want to hide him somewhere outside of my showbiz life. He is as much a part of me as he is part of my work. I love him and I like to believe the feeling is

mutual.”

Vice is literally on top of the world and enjoying every minute of it.

“The Mall The Merrier” directed by Barry Gonzalez opens in cinemas Dec. 25. It also stars Anne Curtis, Tony Labrusca, Jameson Blake and Elisse Joson, among others.

SF

people & events The Asian Jour nal SF MAGAZINE - December 27, 2019

SF Pathways applauds federal judge’s decision to block change to fee waiver form SAN FRANCISCO – A federal judge has temporarily blocked a rule that would have made it more difficult for low-income immigrants to apply for citizenship. Federal Judge Maxine Chesney of the Northern District of California issued a preliminary injunction on December 9, 2019, preventing U.S. Citizenship and Immigration Services (USCIS) from eliminating means-tested benefits as a way for applicants to prove their eligibility for a fee waiver.

Anni Chung, president and CEO of Self-Help for the Elderly, one of the plaintiffs in the lawsuit and the lead organization for the San Francisco Pathways to Citizenship Initiative, said the decision allows immigrants to continue to get the help they need.

“We thank Protect Democracy and the legal team for this temporary injunction,” she said. “In the past, over 62% of our participants used the I-912 form for the fee waivers. Without this ruling, many would not be able to afford to become U.S. citizens. We hope future attempts to quash

the fee waiver program will be stopped permanently.”

The lawsuit was filed by Protect Democracy, Advancing Justice-AAJC, the Seattle City Attorney’s Office, and Mayer Brown LLP, on behalf of Catholic Legal Immigration Network, Inc. (CLINIC), Central American Resource Center of California (CARECEN), Immigrant Legal Resource Center (ILRC), OneAmerica, and SelfHelp for the Elderly.

It currently costs $725 to apply for U.S. citizenship. Those who can’t afford the fee can apply for a fee waiver. But in September, the administration proposed to change the fee waiver form. Instead of proving their eligibility through the use of public benefits, applicants would have had to prove their income in other ways. The new form, slated to go into effect December 2, 2019, has been blocked until the matter is resolved in court.

The judge’s injunction does not affect a separate rule proposed by USCIS in November that would raise filing fees and eliminate the fee waiver

for most immigration applications. Written comments on that rule are due by December 30, 2019.

In the meantime, San Francisco will continue to help immigrants who can’t afford the application fee.

San Francisco’s Office of Civic Engagement & Immigrants Affairs (OCEIA) works with local non-profit organization Mission Asset Fund to help applicants cover the cost. For those who don’t qualify for the fee waiver from USCIS, the City of San Francisco provides a 50% match through Mission Asset Fund, for applicants who live, work or attend school in San Francisco.

In the past six years, the San Francisco Pathways to Citizenship Initiative has helped over 9,000 people apply for naturalization. Funded by the City and local foundation partners, the Initiative has held over 50 free workshops across the city and saved applicants a total of more than $4 million in application fees.

For information about upcoming citizenship workshops, go to: sfcitizenship.org.

Love and deportability: Divorce, domestic violence, and immigration laws The CTV Files

Atty. LiLLi BAcuLi coLLins, EsQ

WHAT if I do not have legal papers, and my spouse is abusive?

If safety is a concern, we urge people to seek help first, particularly if there are minor children who may also be at risk of abuse. For non-emergency calls, individuals may dial 2-1-1 to seek help finding resources for health, mental health, or temporary shelter.

Options available for victims of abuse: VAWA SelfPetition.

The spouse or child of a U.S. citizen or a Lawful Permanent Resident, or the parent of a U.S. citizen, who is battered or subject to extreme cruelty may file a self-petition independently of the abusive U.S. citizen or Lawful Permanent Resident.

The spouse or child must demonstrate that he or she resided with the U.S. citizen or Lawful permanent spouse or parent; was battered or subject to extreme cruelty during the marriage (or, in the case of a spouse self-petitioner, the child was battered or subjected to ex-

treme cruelty); the marriage was entered into in good faith; s/he is otherwise eligible for immediate relative or preference status; and has good moral character.

In certain cases, though an individual has not suffered any physical harm, abuse can still be argued depending on the circumstances, since “abuse” is not limited to physical harm.

Each application will be reviewed and examined on a case-by-case basis, and given the whole picture, an individual might just be able to show that he or she is a battered spouse or has suffered extreme cruelty from their U.S. citizen or Lawful Permanent Resident husband.

If so, a VAWA Self-Petition will enable her to adjust her status without having to rely on their spouse.

California divorce – “no fault.”

California is a no-fault divorce state. A party filing for divorce does not need the consent of the other in order to file a Petition for Dissolution (Divorce) or, in some instances, to get a judgment of divorce.

What needs to happen is that the other party (your soonto-be ex-spouse) needs to be served with process. In proceeding in an action for divorce, there are procedural requirements dictated by law that must be followed to ensure that the other party has notice of the action (that is, that s/he is being brought to court for an action of divorce) and that s/he is given time to respond. However, there is no requirement for the other party to respond. There is no requirement that s/he sign any document at all. All that needs to happen is that s/he is properly served with process according to the rules.

Deportability issues for green card holders with domestic violence conviction(s).

A non-citizen, even if a Lawful Permanent Resident (green

Newlyweds Rodjun Cruz and Diane Medina

card holder) for ten years, is liable to be deportable if s/he commits or is convicted of certain crimes, even if it’s “just a misdemeanor.” A conviction for domestic violence can make a non-citizen deportable.

A criminal conviction’s negative impact on immigration status.

The Record of Conviction (ROC) details an individual’s criminal history – his/her arrest, what s/he plead to, and the final judgment/sentence. The relief(s) available to an individual facing removal/deportation proceedings will depend largely on that individual’s record of conviction.

If you are a non-citizen, it is best to consult both with a criminal attorney and with an experienced criminal immigration attorney who handles deportation defense before pleading to anything in criminal court.

No two cases are exactly the same. Consult with an experienced and competent family law and immigration attorney immediately, and more importantly prior to filing any applications with the USCIS, or prior to pleading to anything in any court, in order to explore their options and possible legal ramifications that they might be facing. As always, be wary of online tools that offer immigration help or notarios who are not licensed to practice law. *** Atty. Lilli Berbano Baculi is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) - a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; lbaculi@ctvattys.com; www.chuatinsayvega. com.

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Photo from Instagram/@rodjuncruz

Dianne Medina...

From Page SF3 been together since they were in their late teens, and worked together in some teleseryes while they were

still talents of ABS-CBN. The now Kapuso actor popped the question to Dianne in 2017, on his 30th birthday.

Like riding a bicycle...

From Page SF5 some degree of accuracy but on the whole, there are things that are random and beyond the realms of prediction.

One thing that is becoming clear is that nature has become part of a global political agenda. I consider such thought manipulations suspect. When nature is being used by groups to advance dubious political motives so that laws can be enacted that will essentially line the pockets of certain economic interests and thus ensure political power, it is time to tune out of the madness and see it for what it is. We need to maintain equilibrium in the face of untruths.

When it comes to nature, what will be, will be. Its cycles are dictated by something much more powerful than any human mind can conjure. Earth’s 23.5 degree tilt which dictates earth’s seasons as it spins like a wobbly top along its orbit around the sun, which in turn orbits the center of the Milky Way readjusts and is tweaked according to some cosmic cycle.

In a way, the life of our living, breathing planet is reflective of human life from birth to death. The human story is cyclical. Every civilization goes through periods of beginnings, progress, full flowering, decay, stagnation and ultimately,

death. Planet earth will die too along with the sun, one day, the human race and all living carbon-based creatures will be gone by then.

As a historical footnote, there are clear indications the American story, as a result of its increasing divisiveness and seismic shifts in its values and national psyche, has has gone through a protracted period of decay and stagnation phase of its cycle. For three decades, America may have lost its way as it drifted away from its core Christian values made manifest through its decadent culture.

This may have played out already. By God’s grace and miracle for millions who bent down their knees and prayed fervently and asked for divine intervention, a new beginning is sprouting.

The promise of resurgence to new life and an era of hope and worthwhile accomplishments is dawning.

GOD’S BLESSINGS OF PEACE, HEALTH AND PROSPERITY BE WITH US ALL IN 2020 AND FAR INTO THE FUTURE! HAPPY, NEW 2020 TO ONE AND ALL!!! *** Nota Bene: Monette Adeva Maglaya is SVP of Asian Journal Publications, Inc. To send comments, e-mail monette.maglaya@ asianjournalinc.com

The Asian Jour nal SF MAGAZINE - December 27, 2019

SF

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The Asian Jour nal SF MAGAZINE - December 27, 2019