|
Founded in 1986
Founding Publisher/Editor:
Lito A. Gajilan
Columnists:
Atty. Michael J. Gurfinkel
Joseph G. Lariosa
Gani P. Tolentino
Ted L. Reyes
Atty. Reuben S. Seguritan
Photographers:
Butch Gata
Sheryl Garcia
The opinions expressed by columnists are their own and do not reflect the opinion of the paper nor that of the publisher
|
|
For the past 20 years, The Filipino Express has provided the Filipino American community the best news, arts and entertainment coverage from around the United States and the Philippines.
|
|
This website includes selected articles from this week's edition of the Filipino Express. Not all the stories published in the printed version appear on this site.
|
|
|
|
To tell us what you think about Filipino Express Online or to comment on the stories published here, E-mail us at Filexpress@aol.com
|
|
|
|
|
|
|
|
POLITICS, Philippine-style is a family matter, or more bluntly, a family business. Elective positions are treated by a handful of elite families as a family heirloom, one they can hand down from one generation to the next, or one that can shared simultaneously by siblings and kin.
A rundown of incumbent government officials would prove our point. The Senate, the House of Representatives, the provincial capitols, the city and municipal halls, are peopled by political animals with very familiar last names.
Even the Presidency is not spared of this family tradition. Mrs. Gloria Arroyo is a Macapagal, whose father, Diosdado, was a President from 1961-1965.
At the Senate, we now have a mother and son spectacle, the Estrada duo of mother Loi and son Jinggoy. And yet another Estrada, JV – although a son by the deposed President with another woman – is planning to join the family reunion at the Senate. The Cayetanos handed down one Senate slot from father Rene to daughter Pia. Her younger brother, Congressman Alan Peter, has signified his intention to walk the Senate halls once inhabited by his late father.
We also have a Jr. taking the place of a Sr. Actor Ramon ‘Bong’ Revilla Jr. is now warming the Senate seat once occupied by his father, Ramon Revilla Sr., himself an actor in his own right.
There used to be cousins, albeit not in good terms, serving as senators at the same time -- John Osmeña and Sergio Osmeña III – until John lost his reelection bid in 2004. Now John is casting a moist eye anew at a Senate seat and may rejoin his cousin.
The clan of former President Cory Aquino thinks there is still room at the Senate for two Aquinos. Her sister-in-law, former Senator Tessie Aquino-Oreta, and Cory’s son, Benigno ‘Noynoy’ Aquino III, have both announced they are running for the Senate.
Perhaps we do not need to go further and scrutinize the other elective government positions. We are also aware of wives taking over their husbands’ gubernatorial or mayoral posts, and of sons or daughters inheriting local positions from their fathers or mothers, etc.
One can’t help but wonder why people from the same family seem to keep an eternal stranglehold on elective positions. Is there no one else? Is there no one else capable of running the government? Do we know somebody else willing to serve the people?
Of course there are. Of course we do. But running for elections require substantial resources. And as long there is a wide gap between rich and poor in Philippine society, the few moneyed families will always control Philippine politics because they are the ones with the treasure chest to afford an expensive election campaign.
Another relevant question is why are these God’s chosen few families insist on running for elective positions when they would have to spend their millions?
The answer lies in the two words that we mentioned in the first paragraph: family business. These families are in politics to protect and expand their business interests. Politics indeed is a family business.
|
|
|
|
|
|
|
|
|
|
|
|
Editor’s Note: REUBEN S. SEGURITAN has been practicing law for over 30 years. For further information, you may call him at 212 695 5281 or log on to his website at www.seguritan.com
THE teacher shortage in the U.S. continues to this day and to alleviate this problem schools have been recruiting English-speaking teachers abroad to fill the need especially in such areas as math, science and special education.
Temporary Work Visas
According to the National Education Association, individual schools, districts and state education agencies comprise the largest single type of “importer” of foreign educators. Vocational schools, day care centers and Catholic schools also hire a large number of foreign teachers.
Generally, there are two types of temporary work visas open to foreign teachers, namely, the J-1 exchange visitor visa and the H-1B specialty occupation visa. The most common type of temporary work visa is the H-1B specialty visa.
There are no H-1B visas available at present because they have been exhausted. But employers who wish to sponsor H-1B workers may begin filing their I-129 petitions as early as April 1. If the petition is approved, the H-1B worker can begin working as early as October 1, the start date of the Immigration Service fiscal year, on which date the H-1B visas become also available.
H-1B Specialty Visa
The H-1B is a temporary visa classification for professional workers in a specialty occupation. “Specialty occupation” means an occupation which requires the theoretical and practical application of a body of highly specialized knowledge to perform fully the occupation, and which requires the attainment of a bachelor’s or higher degree as a minimum requirement to perform the job duties.
The H-1B is used by foreigners under other specialty occupations such as accountants, architects, engineers, doctors, occupational therapists, computer professionals, and more importantly, teachers.
The maximum authorized stay for an H-1B worker is a continuous period of six (6) years.
After the H-1B expires, the foreign worker must remain outside the US for one year before another H-1B petition can be approved. Certain H-1B workers with labor certification applications or immigrant visa petitions in process for extended periods may stay in H-1B status beyond the 6-year maximum, such as those whose labor certification application or employment-based immigrant visa petition had been filed and has been pending for at least 365 days.
The H-1B worker is allowed to bring dependents with him/ her to the US under the H-4 visa.
H-1B Cap Issues
There were never enough H-1B visas in recent years to meet the demands of the US economy.
The annual cap for H-1B visas was initially set at 65,000 under the Immigration and Nationality Act of 1990. The economic boom, however, left a job market void for more foreign professionals that US employers could not fill because of the numerical limit.
Congress responded by increasing the cap to 195,000 over a three-year period. But this cap increase was not extended and as a result, the annual cap dipped back to 65,000 by Fiscal Year 2004 making the demand for H-1Bs progressively worse over the past three years.
Considering the rush to get H-1B visas, most employers begin preparing the petition as early as possible. H-1B visas often run out even before the fiscal year begins.
There are, however, exceptions to the H-1B cap that some employers can take advantage of. Examples of such employers are non-profit and government-research organizations, colleges, universities and their affiliates (teaching hospitals). Not all non-profit organizations qualify for cap-exemption. They must be affiliated with institutions of higher education as defined by law to be able to qualify.
|
|
|
|
|
|
|
|
|
|
|
|
CHICAGO -- Although the awards ceremony of the Pamana sponsored by the Chicago-based The Fil-Am Weekly Megascene was over at about 12 midnight last June at Drury Lane at suburban Oakbrook Terrace, Illinois, the night was just starting for some friends of visiting Las Vegas, Nevada real estate businessman Tony Sison, who received an award for his indefatigable community public service.
Tony’s friends, among them Mr. Gerry Alcantara, a Chicago-based executive producer of the weekly Sunday noontime “Fil-Am TV Show” (over on-air Channel 41), a frequent Las Vegas guest of Tony, wanted to return the favor.
So Gerry and friends, Marlon L. Pecson, Jerry B. Clarito and his wife Flor, and this columnist, invited Tony to a midnight snack before he returned the next day to the Entertainment Capital of the World. We only had one problem – the nearest restaurant that was open after midnight was some 20 miles away to the east.
Matter of survival
So, without a map, driving at night in an unfamiliar terrain became an insurmountable challenge to me. I told my friends, I was not going because I did not want to be lost. The only map I had was the one I printed going to and from Drury Lane and my home.
Then, Flor, who acted as navigator for her Jerry, asked me, “Joseph, why don’t you use your cell phone?”
When I told Flor that I didn’t have a cell phone, Flor was almost floored in disbelief, wondering, “Are you kidding? You survived that long without cell phone? You are unbelievable!”
So, I grudgingly told my friends that I would follow them.
True to my fears, I lost their trail after 10 minutes of driving. I was heading home when I ran into Jerry and Flor’s car, which I was able to follow until we got to the destination.
My near misadventure taught me a valuable lesson – that I needed to have my cell phone back.
Although, I now have my cell phone, I am only using it for emergencies. In fact, when my relatives, friends and business associates would ask for my number, I only give them my landline. Recently, however, I realized too late in the day that I failed to remind my son, Lee, that if he ever run into emergencies, he should not hesitate to dial 9-1-1.
Dial 911, pay no extra
In the United States, you can dial 9-1-1 even if you are behind the payment of your cell phone monthly dues or even if it “had never had service.” After you dialed 9-1-1, you will be billed by the cell phone company the same amount of airtime that you are normally charged. You don’t pay extra.
Before the popularity of cell phone, callers usually rely on landlines either at work, at home or at public pay phone booths to place emergency calls.
I remember in the middle 90s when a murder suspect slapped me, I should have run to the nearest public pay station and dialed 9-1-1. But I was too stressed to have presence of mind. The suspect was so mad that I wrote his murder story.
But the suspect was lucky. The white Chicago police officer, who was supposed to secure the event where the slapping incident took place, was either too lazy to tell me to dial 9-1-1 or might have lost his presence of mind to tell me to dial 9-1-1.
The officer was moonlighting as security officer of the election of officers of the Filipino American Council of Greater Chicago. I surmised, he did not want to let his superior know that he was doing a side job.
Call 911 with your cellphone
But the other Sunday, Jan. 7, when my son, Lee, called up home at about 3 a.m. to report that our car he was driving was totaled after a Honda Odyssey minivan smacked the rear-end of our car, I instinctively asked my son if he called 9-1-1. My son said, “Yes!”
But when me and my wife arrived at the scene of car accident, the minivan driven by a man from affluent suburban Wilmette, Illinois with Korean-spelling name was gone. I again asked my son, “Did you dial 9-1-1?” He said, “No.”
I figured my son might have been too dizzy or too confused to answer a simple close-ended question.
So, we drove him to the nearest hospital – Swedish Memorial Hospital – for a check up for possible whiplash injury. There a police officer was called to take my son’s statements of the incident.
If only my son was able to call 9-1-1 with his cell phone, the police would have been able to ticket the erring driver with driving under the influence (DUI), as my son smelled alcohol from the erring driver’s breathe.
(lariosa_jos@sbcglobal.net)
|
|
|
|
|
|
|
|
|
|
|
|
You want a yardstick to gauge if government means business about curbing sleaze? Check if it protects – or harasses -- “whistle blowers”: those men and women who risk jobs, ostracism, and sometimes their lives, to expose crime.
“Governments must create an environment that encourages, instead of penalizing, citizens who denounce venality,” declared 135 countries attending the 9th International Anti-Corruption Conference in Durham, South Africa. the Philippines dutifully signed that document.
Half a decade after Durham, “the kind and extent of support that a legitimate whistle blower should be able to expect ( remains ) unclear,” says the Asian Institute of Management study: “Whistle Blowing in the Philippines: Awareness, Attitudes and Structures.”
This nettlesome point has resurfaced in Cebu City. Details : At a 2001 congressional hearing, chaired by Rep. Antonio Cuenco, Bernard Liu and Ananias Dy testified on four huge drug shipments funneled into Cebu. Liu fingered his then-employer Peter Lim, who was never charged.
Like many congressional drills, this one faded from the radar screen – until 2006. Piggy-backed on a motorcycle, bonneted gunmen salvaged Dy. The cops haven’t nailed the killers. Surprise? Instead, they arrested Liu for “his role in drug shipments.” Lawyers now bicker whether Liu enjoyed immunity. With Dy, he never signed up for government’s witness program. Others argue there are adequate shields.
But this legal too-and-fro matters little for Liu. He’s in a Criminal Investigation and Detection Group (CIDG) slammer. “If a whistleblower is jailed, who’d want to sit in the witness chair?”, he moans to no one in particular.
Prosecutors or fiscals have an initial say on handling of whistle-blowers. Many are straight-arrow. But it’s no secret some are susceptible to baksheesh or lagay. And what if prevailing cultural values condone crucifixion of those who’d horsewhip money changers out of the temple?
Ask Asca Ramirez of Land Bank.. Government should have pinned a medal on her for skewering a tax scam. NBI agents instead shoved Ramirez into a police lineup of crooks while cameras panned on President Gloria Macapagal Arroyo’s smile. Government grudgingly backtracked later. But damage had been inflicted: the presidential photo op squelched a thousand potential whistle blowers.
Or ask Admiral Guillermo Wong. This Philippine Military Academy officer wrote “Norms of Honor” -- a study on standards of ethical conduct by Navy officers. Wong used those standards to denounce Marine purchases of substandard Kelvar helmets and malfunctioning HK-MP5 assault rifles. Grafters lit into a P64.9 million allocation and left a military camp bereft of roads, water, sewerage, lights – and P266 in the till.
“This compulsive whiner did the right things the Wong way”, critics sneered. The admiral found himself on “floating status”: an office table with a telephone connected to nowhere. But the Navy’s Office of Ethical Standards admitted “a prima facie case existed” on worthless tin helmets, missing machine guns and Marine base funds.
High profile cases abroad illustrate how “snitchers” curb corporate graft or government crimes.. FBI’s Mark Felt as “Deep Throat”, leaked the Watergate scandal to the Washington Post, ultimately forcing US President Richard Nixon to quit. Enron’s multi-billion dollar accounting pyramids were shattered by a letter from an employee : Sherron Watkins.
Some blow the whistle alone, others as part of their jobs. The Constitution’s prohibition of prior restraint and censorship make the press a chartered whistle-blower. Thus, the Inquirer series ripped Armed Forces corruption in fund conversion juggling. Daniel Ellsberg leaked the “Pentagon Papers” to the New York Times, leading to re-examination of the Vietnam war.
Many countries recognize the societal value of whistle-blowers. They adopt laws to ensure that whistle-blowers have institutional protection against retaliation. Thus, South Africa has a Protected Disclosure Law. The US Labor Department safeguards, by federal law, those who expose malfeasance. Individual states like Illinois have “”whistle blower” ordinances.
Protection of whistle blowers here from retaliation is spotty. Filipinos shy away from confrontations. “Don’t get involved for peace of mind ” is the counsel often peddled. But “every failure to recover proceeds of corruption,” the Durham Statement warns, “feeds its growth.”
There’ve been some notable – and welcome – exceptions. Equitable Bank’s Clarissa Ocampo revealed President Joseph Estrada signed as “Jose Velarde for a multi-million “guarantee”, ostensibly for crony William Gatchalian. People Power Two backed Ocampo.
At the same impeachment trial, Witness Emma Lim exposed “Jingle Bells” for pocketing massive jueteng payoffs. But Senator Jinggoy Estrada today spends his time harassing Philippine Ambassador to the UN Hilario Davide, Jr, who presided over that proceeding.
The Philippines needs “an explicit policy that will govern whistle blowing,” the AIM study asserts. When whistle blowers end up as the accused, it’s time to ask if today’s policy is to canonize crooks as accusers.
(E-mail: juan_mercado@pacific.net.ph)
|
|
|
|
|
|
|
|
|
|
|
|
THIS week Gloria Macapagal Arroyo takes a trip to Davos, Switzerland to attend the World Economic Forum. In such gatherings one expects to rub elbows with the economic leaders and on the side, the business leaders of the world.
For a third world country like the Philippines it will provide opportunities for expanding the remaining limited areas of economic activities such as export of workers and call centers. And opportunities to counter negative image like the extra-judicial killings and other human rights violations which foreign companies doing business in the country have been protesting.
Switzerland is world- famous for its picture post card sights and other attractions for the wealthy jetsetters, that you can almost be certain that the enjoyment of such travel opportunities is included and taken into account when they are planned. It’s a perk.
On the few occasions when we had visited Switzerland, especially when we found ourselves in the financial city of Zurich on the famed Bahnhofstrasse where every other edifice is either an international bank or an expensive world renown shop, friends would wonder aloud on the possibility of catching sight of a notorious Filipino persona exiting a financial institution where he or she had just transacted a multi-million Euro or US dollar deposit with a secret numbered account.
Winter is just starting, but the ski-slopes such as in St. Moritz or at Diabolezza are by this time all ready for the tourists. Where one could probably see or be seen with Hollywood celebrities.
Many years ago when we went to an insurance school as a young man, our limited budget allowed us probably just as much enjoyment spending the evening bar-hopping on Niederdorfstrasse along a bank of Quai and oggling the tall and mysterious ladies standing at dark street corners. Or visiting the noisy dance hall near the tram stop on the way to Wollishofen, where one could have his pick out of many unaccompanied young girls, office clerks and shop workers, out for a weekend good time.
After class, we would while away the early evening with a date, a secretary from one of the many insurance companies of Zurich, at Movenpick near Paradeplatz, listening to the piano player’s rendition of “As Time Goes By” or in September “Autumn Leaves”. For dinner, we would wound our way along the narrow cobblestoned alleyways to one of two small Chinese diner.
The food always ended with beer or red wine to drive away the ever present chill in the air.
The last tram leaves at eleven p.m. so we had to hurry and catch Number 9 or 10, to our boarding house 20 minutes near a farm school out of the city. Zurich is in the German part of Switzerland and in keeping with the businesslike culture of the Deutch, everything shuts down at midnight, so the ever serious and smileless Swissdeutch will wake up on time for work at eight a.m. the following day.
But the young, as always, had found a way out. The student center opens past midnight for a continuation of the beer and talk and dancing. The price: be ready to be assigned to help clean up the place once a week.
We had occasion to go back to Switzerland twice in recent years on the way to attend conferences in London and Paris. Our discovery reminded us of the efficiency and reliability of the Swiss-made watches: the trams still followed the old schedule, arrive at 8:01 and depart at 8:02 at Paradeplatz. And call up your friends and they showed up as prompt as ever at Movenpick.
|
|
|
|
|
|
|
|
|
|
Case denied because of Las Vegas divorce
|
|
|
|
Dear Atty. Gurfinkel:
I was married in the Philippines, but have not seen my spouse in several years. Recently, I met and fell in love with an American Citizen, and we want to get married as soon as possible. Since I have been separated from my first spouse for so many years, can I marry the American Citizen immediately?
I also heard that divorces in Las Vegas take only about six weeks, whereas California (where I live) takes about six months. Would it be okay, if I avail of a quick Las Vegas divorce? What is the best and fastest way for me to be able to marry my American citizen boyfriend?
Very truly yours,
KB
Dear KB:
Under U.S. Immigration law, in order to marry a second spouse, a person must legally terminate their marriage to their first spouse. A marriage can be terminated by:
Divorce (which is recognized in the U.S., and can be based on "irreconcilable differences," meaning the couple just does not get along anymore); Annulment, or Death of the first spouse.
Some people mistakenly believe that "separation" from their first spouse for many years allows them to marry a second spouse. This is not correct. In order for a person to marry a second spouse, they must legally terminate their first marriage.
Another misconception, especially among California Filipinos, is that Las Vegas [or Nevada] divorce is OK to terminate their marriage. After all, they can save about 4½ months of time. (6 weeks vs. 6 months).
However, in order for a person to avail of a Las Vegas divorce, the person must have actually lived in Nevada for at least six weeks. Many Filipinos say, "No problem. I have a friend in Las Vegas, and I will simply use my friend's address, to make it seem that I lived in Nevada."
But USCIS is now very wise to California Filipinos availing of Las Vegas divorces, and using a friend or a relative's Las Vegas address. USCIS may want to see additional evidence or proof of your living in Las Vegas during that 6 weeks, such as utility bills, (gas, electric, cable, phone), pay stubs, tax returns etc. If you worked in California, while "living" in Las Vegas, it would seem strange to have such a long commute to work.
My advice is to do things " right ," versus " right now ." Don't jump at a 6-week divorce to "save time". Failure to get a proper divorce could have devastating consequences in the long run. Your marriage to the U.S. citizen (and that citizen's petition) may not be recognized. Thus your case could be denied . If you have children who are under 18 years old, and you plan for the citizen to petition them as "stepchildren," you run the risk of your children turning 18 years of age, and the American would not be able to petition them as stepchildren.
Accordingly, you should seek the advice of a reputable attorney, who can analyze your case, and advise you on the best, fastest, and proper way to proceed. Don't take chances with your status by looking for short cuts or quick fixes, because, in the end, it could result in a denial and lifetime of grief.
Michael J. Gurfinkel has been an attorney for over 26 years, and is an active member of the State Bar of California and New York, as well as the American Immigration Lawyers Association and the Immigration Section of the Los Angeles County Bar Association. He has always excelled in school:
Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California.
WEBSITE: www.gurfinkel.com
Four offices to serve you:
LOS ANGELES:
219 North Brand Boulevard, Glendale, California 91203
Telephone: (818) 543-5800
SAN FRANCISCO:
966 Mission Street, San Francisco, California 94103 Telephone: (415) 538-7800
NEW YORK:
60 East 42nd Street, Suite 2101, New York, NY 10165 Telephone: (212) 808-0300
PHILIPPINES:
Heart Tower, Unit 701, 108 Valero Street, Salcedo Village, Makati, Philippines 1227
|
|
|
|
|
|
|
|
|
