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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
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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.
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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.
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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
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BROAD SUPPORT FOR LEGALIZING
UNDOCUMENTED STUDENTS
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(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 US Congress has recently shown renewed interest in a bill that seeks to legalize undocumented students. This is the Development Relief and Education for Alien Minors Act also called the DREAM Act.
A couple of weeks ago Senator Richard Durbin, Chuck Hagel and Richard Lugar introduced the bill as an amendment to the Department of Defense authorization bill.
Although it did not pass, it laid the groundwork for its reintroduction on the Senate floor this September. Bipartisan support for the bill is growing and there is a great chance that it will be brought to a vote by the entire Senate late this year.
The bill would allow certain undocumented students to adjust their status to that of a conditional permanent resident for six years.
The bill has been introduced in various forms several times in the US Congress since 2001. It was included in the Comprehensive Immigration Reform Act of 2006, which was passed by the Senate, and the Comprehensive Immigration Reform Act of 2007.
The House has its own version of the bill and is known as the American Dream Act. It was sponsored last March by Representative Lincoln Diaz-Balart, Howard Berman and Lucille Roybal-Allard.
To be eligible for benefits under the bill the student must have entered the US before the age of 16 and physically present for a continuous period of not less than 5 year immediately preceding the enactment.
He must also have been enrolled in college or earned a high school diploma or GED certificate. He must be of good moral character.
As a conditional resident he will be eligible to obtain a driver’s license, attend college as an in-state resident, work legally, obtain a social security number and travel outside the U.S.
To remove the condition of his permanent resident status, he would have to either 1) earn a degree from a community college; or 2) complete at least two years of a bachelor’s degree; or 3) serve in the US military for at least 2 years.
Supporters of the bill have argued that these students were brought to the US by their parents when they were young and therefore they should not be held accountable for their parents’ action.
Many of these students are smart and talented and have excelled in their school, in sports and in the field of arts, science and technology. Because of their undocumented immigration status they have been unable to pursue their dreams of going to college.
Legalizing them would strengthen our economic infrastructure as it would expand our educated workforce.
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CHICAGO, Illinois (JGL) -- There is a saying that everything is fair in love and in war. And with the unending military operations in Mindanao, it is fair to say that there is an undeclared war between the Philippine military and the faceless terrorists in Mindanao. And therefore, it is fair to assume that the military may employ all the tricks in the book to arrest the unending trend of kidnapping of foreigners in the Philippines.
But I would advise the Philippine military that they should keep their cool and keep in mind that their first line of offense should be guided first by the Hippocratic mantra of “do no harm” to kidnappers and their families.
I am not saying that they should employ kid gloves either. What I am saying is that if they launch an all-out counter attack, it should be done with pinpoint accuracy. There should be no room for error – to avoid any collateral damage.
Why? What if the military are pursuing a fall guy or are given a koryente (bum steer)? It is always better to err in the side of caution.
The recent “successful” rescue of Italian priest Giancarlo Bossi more than two weeks ago after six weeks of captivity in a Philippine jungle deserves closer scrutiny beyond photo op in Malacanang.
At first blush, the Philippine military appeared to earn a rare pat on their backs for getting Father Bossi back. But their celebration was dampened by the gruesome realization that 14 Philippine Marines, who were hot on Father Bossi’s trail, died so the Italian priest may live.
It should always be a lesson for our military men that they should not drop their guards whenever they are in a war zone.
NO HANKY-PANKY
For the first time in a long while, there appears to have no hanky-panky in the manner of rescuing a kidnapped visitor in the Philippines. No scuttle butts either that ransom payments have changed hands. No casualty was reported during the turnover.
But the accolades that poured in after news of Father Bossi’s recovery were suddenly muted by reports that a new kind of deal prompted the safe turnover of Father Bossi – the Philippine military had to resort to rounding up the family of the leader of the kidnappers as leverage for Father Bossi’s release.
The revelation of the latest quid pro quo may sit well with some in the military, who might have gotten tired of running after these evasive kidnap-for-ransom bandits in Mindanao. But not for progressive-minded, human rights-oriented military leaders conscious of observing morality in performing their tasks. Philippine military leaders, who will be dealing with future kidnapping hostages, should re-think their strategies.
Short of verifying their prey to the fail-proof fingerprint, DNA or biometric tests, the military should be very careful in drawing up conclusion to intelligence information they received. They should avoid being tagged for “shooting from the hip.”
The raw information they get should be checked and double-checked by leaving no stones unturned in ascertaining their target. They should not use the Human Security Act or Republic Act 9372 as legal cover.
WRONG PLUS WRONG EQUALS WRONG
Just think about the scenario that happened on the way the military solved the Bossi kidnapping. First, the military was able to verify the leader of the kidnappers holding Bossi hostage.
After verification, they looked for the family of the kidnapping leader and held the family hostage. Then, they sent a message to the kidnapping leader that he should release Father Bossi or else the military will do something to his family under their care. Something is wrong in this picture. Very wrong! An eye for an eye? Modern law of retaliation? Nope!
Thankfully, the leader of the kidnap party feared for the life of his family and relented to the military’s demand.
This strategy of holding hostage a family as a lever to prod the kidnappers to release a hostage should be abandoned.
First of all, the act of holding hostage is wrong. Holding hostage of the kidnappers’ family to prod the kidnappers into releasing their hostage in turn is another wrong thing to do. The reason for this is that two wrongs do not make things right!
Secondly, kidnappers may not value a life at all. And holding another hostage as leverage may not work.
Thirdly, it is possible that the military could be holding the wrong family.
And fourthly, the military should double their effort in extending extra protection to foreigners in the K-F-R (kidnap for ransom) zone. Or the foreigners, who dare to tread, should be warned that they could be straying in a point of no return!
(lariosa_jos@sbcglobal.net)
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The late Bob Hope and his six brothers grew up in an old house with only one toilet. “That’s where I learned how to dance,” he recalls. And 2400 experts, from 130, countries, are now in Sweden discussing the water and sanitation crisis, including a major study titled:. “Hurry Up! 2.6 Billion are Queuing to Use the Toilet!” The World Water Week conference sweeps in inter-linked issues: from emerging crisis in water and it’s impact on sanitation, environment to food. World demand for rice and other cereals, for example, increased by 40 percent since the late 1990s. But the limited supply of water can no longer meet widespread river depletion and relentless groundwater overexploitation. “The key is more bang for the drop,” explained a Food and Agriculture Organization expert. “We must produce more food using less water, and ensure, at the same time, that biodiversity losses do not threaten ecosystems.”
Sanitation and hygiene are the “orphan child” of the water sector. Out of every 100 Asians, 66 get to toilets, pit latrines, sewerage systems, etc. “This is three-quarters of the 2.6 billion who lack these facilities,” Asian Development Bank notes. Thus, many resort to “wrap-and-throw” methods for their waste.
The pollution exacts a grim toll: More than two million impoverished children die yearly from diarrhea worldwide – more than TB or malaria. “Cities such as Jakarta and Manila have lower levels of sewerage coverage ( 8 to 10 percent ) than West African cities such as Dakar and Abidjan,” the UN’s “Human Development Report 2006” points out.
“Montezuma’s Revenge” remains a top killer in the Philippines:.1,997 per 100,000 population are affected. Most water-borne disease victims are children under five. Small unpainted coffins, hefted on countryside roads, are so common, they blend unnoticed into the scenery. Yet, these deaths are largely preventable. A simple latrine can cut illnesses by more than half.
The picture is not uniformly bleak. The percentage of people worldwide, who have access to improved sanitation facilities, rose from 49 percent in 1990 to 58 percent in 2004. This progress came both within cities and farms.
But far more needs to be done. “Institutions, set up to manage, these issues are simply not meeting the challenge.” Thus, poor people lack basic sanitation because they can’t get enough water. In parched countries of Asia, some people make do with ten liters of often murky polluted water. But in North America, an individual splashes through 400 liters of clean potable water. Of 81 Philippine provinces, 28 don’t have “improved water systems”
“It’s not the same old story anymore with water,” Stockholm organizers warn. Water has always been a scarce resource but essential for life.. Less than three percent of the world’s water is potable; the rest are the oceans. It has no substitute. But more people draw from the same well today. When the headcount from the current census( overdue by two years ) comes in, Philippine population – which was 7.63 million in 1903 – could well exceed 87 million today. “We’re in for a few rude surprises,” Filipino demographers think. A country that has muddled from an era of water abundance into a period of scarcities better prepare. “Dig the well before you get thirsty,” says the old Pilipino proverb.
The Stockholm meeting insists that good governance is crucial in the study : “From A Drop to A Splash”. Don’t be fooled by this attention-grabbing title. What follows is a riveting success story: How Singapore -- a tiny city state of 4.2 million people, short of aquifers, lakes or even land to “harvest” rain -- . produces enough water today for a population of 6.5 million projected two decades from now. Yet, in the 1960s, Singapore was a city of polluted smelly rivers and water rationing.
The country invested in a water policy that, over 40 years, added supplies, ensured conservation and brought scientific knowledge to bear. Singapore’s water sector budget, for the next five years, is euro 160 million (S$330 million).
The city piped into wells of neighboring Johore state. Simultaneously, it blanketed most of the island with rain-harvesting devices. And it recycled water. By 2011, recycled water alone will meet a third of Singapore’s needs by 2011. It built a desalination plants. Money begets money. Water projects attracted international water companies such as GE Water, Siemens Water, Black and Veatch Water and Delft Hydraulics. Rivers have been rejuvenated and waterscapes are being developed, transforming the island into a City of Gardens and Water The vision now extends to become “a wellspring of water solutions for Asian cities”. The bill for delaying curbs to polluting water far exceeds the cost of building infrastructure to dispose of waste. Shanghai spent $1 billion to clean up Suzhou Creek – far in excess of what was needed to prevent contamination earlier. “The real horror is the outbreak of typhoid and cholera caused by failure to act on sanitation and wastewater.” “Politicians need to see sanitation as paying its way and not as being either unaffordable or a luxury .” Arjun Thapan, Chair of ADB’s Water Committee told the Stockholm meeting. “They must also to understand that postponing action is not an option. To do so, will cost a great deal more.
(E-mail : juan_mercado@pacific.net.ph )
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Housing Industry: Carnage
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Two weeks have passed since we culled data from various sources which we used for our piece last week titled "Housing industry: good times are over." The bad news are continuing. Both print and broadcast media are using the word "carnage" to describe the mortgage market.
The New York Times and Credit Suisse call attention to the resetting events which indicate how far worse the crisis is getting and could get. Resetting means when the adjustable interest rates granted to numerous borrowers are triggered up to the next level.
The next peak month for the adjustment involving an estimated value of $50 billion is October or two months from now. The rates on $1 trillion worth of mortgage (12% of the nation's total) will reset during the next two years.
Analysts at J.P. Morgan told their clients the worst is not yet over. They said the subprime mortgage peaked in 2005 and 2006 and they are starting to reset in large numbers only now. From 1994 to 2005, Moody's Economy.com reported 3.2 million homes were bought under subrime conditions. Moody estimates about half of them will lose their homes to foreclosures. Those who will manage to retain their houses will suffer from the resulting depression of property values.
A client of ours, anticipating the situation, is seeking to refinance his two-family house in Jersey City now. We foresee no problem he can improve his situation, since the rate he will get will be lower than the rate to which his loan will reset when the adjustment is triggered. But with the trend for the home values to erode, there might not be enough equity left to collateralize his loan, if he delays refinancing.
The S&P/Case Shiller index of home prices for ten major cities has already dropped 3% since a year ago. But J.P. Morgan is predicting that 2 to 3 year from now, the dropcould hit 20%. Inflation would worsen the fall.
Apparently as part of the broadening effect of the subprime crisis is the bad news emanating from the auto industry, a reliable indicator of consumer mood. Last month, car sales of major manufacturer dropped 2-3%. Analysts believe a major cause is the major credit squeeze induced by the housing mortgage crisis. It is also due to consumer anticipation of the economic downturn.
Surfacing economic analysis expresses the fear that the subprime mortgage crisis is far from over. That the worst is yet to come. A worse problem, that of recession, is feared by some. When bad news of this sort reaches the ears of consumers, they tend to tighten on their spending habits. And new auto purchase takes the early hits. The remaining consolation is that the job market is still healthy. Just don't be choosy when you are handed the pink slip.
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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
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