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OPINION
Int’l media group pushes preemptive action vs media killings in PHL
MANILA, Dec 4 (Mabuhay) – Following the killing of a radio host in Bukidnon last Nov. 29, an international media watchdog group called on the Philippine government to take “preemptive” action against media killings. Reporters Without Borders (or RSF) said that while it welcomes the creation of a task force to probe the killing of Joash Dignos, authorities must take preventive security measures when a journalist is threatened. “We hail the creation of a special task group to catch the perpetrators and instigators of this murder, but the authorities must act preemptively to end violence against journalists. Dignos had been threatened for some time and should have had protection. A special task group could have been created after the first threats. Execution-style killings of journalists should not be regarded as inevitable,” the group said. Dignos was gunned down on Nov. 29 in Valencia City. RSF cited reports indicating that when Dignos went to the toilet, four unidentified men gunned him down and then left on motorcycles. It added Dignos, 48, hosted a show called Bombardier on dxGT Radio Abante. He had criticized authorities on his radio program and had received death threats. “We offer our heartfelt condolences to the family and friends of Dignos, whose murder has again highlighted the dangers to which journalists are exposed in the Philippines,” RSF said. It lamented the killing came about a week after the fourth anniversary of the Nov. 23, 2009 Maguindanao massacre. “Coming six days after the anniversary of the 2009 massacre of 32 journalists in nearby Maguindanao, now commemorated as International Day to End Impunity, the murder shows that the Philippine authorities still have a great deal to do to fulfill their duty to protect journalists and combat the continuing impunity,” RSF said. The RSF also noted a grenade was thrown at the radio station while Dignos’ program was being broadcast last June. It added the manner of the murder was similar to that of radio journalist Jesus Tabanao, who was shot five times by a man on a motorcycle in Cebu City on Sept. 14. The RSF noted the Philippines is 140th out of 179 countries in the 2013 Reporters Without Borders press freedom index. (MNS)
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Income tax refunds is property of bankruptcy estate unless exempt Let’s say that you decide to file So, as soon as you get that money for Chapter 7 relief this month to from Uncle Sam, cut me a check BANKRUPTCY discharge $100,000 of hospital for $9,166” the trustee says to you. bills and credit card debt. You Is it too late to save your refund? anticipate that you will have No. You can still save it. Your an income tax refund claim of lawyer is going to tell the trustee $10,000. What is the bankruptcy that he is going to amend schedule treatment of this refund? If your B to show the expected refund and Chapter 7 case is filed before you C to exempt the money so that the file your 2013 tax returns, the trustee will back off. But mind entire $10,000 becomes a receivyou, your lawyer can only take BY ATTY. able which is one of your personal this course of action if you still LAWRENCE YANG assets, just like a car. Your schedhave an applicable exemption. If ule B must disclose the $10,000 you do not have an exemption to as an expected income tax refund. If you want to use, you will have to pay the trustee $9,166 when keep the $10,000, and I presume that you do, you you receive your refund. must exempt the entire $10,000 in schedule C. If What if you argue that you filed a joint tax return you do not exempt the $10,000, you must give the with your wife who has not filed a joint bankruptcy $10,000 to the Chapter 7 trustee when you receive with you and that your income for the entire year of the refund from the IRS. But given the fact that 2012 was only $500? There was no federal income the USA is bankrupt, you might as well kiss your tax withheld from your income. This is a valid refund goodbye. argument because if you had practically no income If you are not able to exempt the $10,000 as a for 2012, all of the refund actually belongs to your receivable this month, you might consider delaying wife. State law defines the nature and extent of your Chapter 7 filing until after you file your tax a debtor’s interest in property. So whether or not returns and actually receive the $10,000. When you this argument will hold water depends on where receive the $10,000, you can use that money for the you reside. If you live here in California which is mortgage and other household expenses. In other a community property state, your wife’s refund is words, use it up so that it is no longer a receivable community property, so the refund also belongs to or an asset. Or, you can use the $10,000 to buy a life you as community property. In California, the fact insurance with cash value of the same amount and that you earned nothing for 2012 is irrelevant, unless use the applicable exemption of Section 703.140(b) you have a prenuptial agreement. If you have a pre(8). These steps are pre bankruptcy planning activi- nuptial agreement, the $10,000 belongs to your wife ties which are allowed by bankruptcy law. as her separate property and so the trustee cannot But what if you filed your Chapter 7 petition take it. If you do not live in a community property on December 1, 2012 and you forgot that you had state, like Indiana, your wife will keep the refund. a $10,000 refund for 2012? Your 341 A hearing is Lawrence Bautista Yang is a graduate of Georgetomorrow. At the hearing, the Chapter 7 trustee asks town University Law Center and has been in law you if you expect a tax refund for 2012. You scratch practice for thirty years. He specializes in bankyour head and finally say “yeah, I think a have a ruptcy, business and civil litigation and has handled little bit coming in.” The trustee presses you further more than five thousand successful bankruptcy cases “how much is a little bit?” “Just a little $10,000” in California. He speaks Tagalog and looks forward you manage to whisper out with tears streaming to discussing your case with you personally. Please down your cheeks. “Did you say $10,000? Well, call Angie, Barbara or Jess at (626) 284-1142 for an I own 91.66% of that $10,000 because that refund appointment at 1000 S Fremont Ave Bldg A-1 Suite corresponds to 11 months of your income in 2012. 1125 Unit 58 Alhambra, CA 91803.
Aquino to help Myanmar’s move to democracy MANILA, December 5, 2013 (AFP) – Philippine President Benigno Aquino lauded democratic reforms in Myanmar as he signed several bilateral agreements with his visiting counterpart Thein Sein Thursday. Thein Sein arrived at Manila’s presidential palace where he was accorded a red carpet welcome for his first visit to the Philippines. Aquino said the Philippines, which also made a transition from authoritarian rule to democracy in the 1980s, would be helping Myanmar in opening up its society. Formerly one of the most vocal critics within ASEAN of Yangon’s ruling junta, Aquino praised recent “historic developments” in Myanmar which include the holding of elections, release of political prisoners, dialogue with the opposition and opening up to foreign investment. “These herald a new chapter in Myanmar’s history. The Philippines supports these initiatives and offered assistance through capacity building, through technical cooperation,” said Aquino after a meeting with Thein Sein. The Philippines has offered to help Myanmar establish its human rights commission and training in areas like agriculture, entrepreneurship, fisheries, eco-tourism and “gender issues,” Aquino said. The two presidents also discussed peace efforts with rebel groups in their respective countries, Aquino said, adding that the Philippines would be appointing a resident defense attaché to further cooperation.
The leaders also oversaw the signing of several agreements including one that will allow Filipinos to enter Myanmar without a visa and another that will expand cooperation in renewable energy. Aquino thanked Myanmar for the aid it provided after Super Typhoon Haiyan hit the Philippines last month, flattening whole towns and leaving more than 7,500 dead or missing. Thein Sein, who will be bringing doctors and relief goods to typhoon-hit areas during his visit, said the damage suffered by Myanmar during the 2008 cyclone, made the country more aware of the suffering of the victims of such disasters. The Myanmar leader, who is on a three-day state visit, said he asked Aquino to help his country in areas like “health, education, economy and human resource development”, because it was lagging behind in these areas due to years of economic sanctions. He also said “there have never been any issues between Myanmar and the Philippines”, despite Aquino’s previous criticism of the junta. Thein Sein arrived in Manila on Wednesday and will return home on Friday after visiting the typhoon-stricken areas. Myanmar and the Philippines are both members of ASEAN, the Association of Southeast Asian Nations. Myanmar has undergone a series of reforms in recent years, including the release of opposition leader Aung San Suu Kyi from years of house arrest and her election to parliament in by-elections held last year.