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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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THE recent uproar caused by the disparaging dialogue on the hit television show, ‘Desperate Housewives’ has surprisingly polarized Filipinos from all over the world.
Surprisingly, most FIlipinos abroad took the slur as offensive, racist, irresponsible and thus demanded ABC and the producers of the show to publicly apologize.
However, Filipinos from the home country were mostly naive and,worse, took the ‘insult’ as a true representation of the conditions of medical education in the Philippines.
Why is this so?
For Filipinos living abroad, especially here in the US, where racism has been a part of its history, there is a great need to represent and assert one’s roots against stereotyping.
Since the US is a multi-racial society, the pressure to assimilate is greater given the diversity of its people. Hence, most racial groups are always on the defensive and avoid being excluded or branded as ‘cheaters’, ‘dog eaters’ or ‘greedy’.
Obviously, in the Philippines, there is no such thing. It is not a society built in diversity.
Perhaps, that explains why it seems that Filipino-Americans and other FIlipinos in foreign countries were more offended than those Pinoys back home.
Racists or cannibals
Although wrong, it is easier to understand people from other races to make remarks about a certain race group due to ignorance.
But for your own kind to despise you and side with people who look down on you as a people is simply unfathomable. And that is what is happening. Let us not chew our own flesh.
Say sorry
Supposing that the writers of the show referred to the Philippine nursing cheating scandal in 2006, it still does not warrant the generalized comment by the character belittling not only doctors who graduated in the Philippines, but all health workers from the motherland.
It is appalling how the people in charge of these are unaware that the Philippines is one of the biggest exporters of healthcare workers in the world. That the very persons that might be taking care of them or their loved ones in hospitals or nursing homes are the same ones that were offended by the wayward dialogue–the ones whose diplomas came from Philippine schools.
What if Filipino immigrant health-workers in the US decide to move to other developed countries that also experience severe labor shortage? A collapse is imminent.
It is clear that the producers and writers made a serious error in judgment in including those lines in the script.
They did say sorry. However, it looked like it came from an email template or an old greeting card. A more sincere and lengthy apology is needed.
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Don’t Overlook Character Requirement
in Naturalization
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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)
PERMANENT residents applying to become U.S. citizens often overlook the requirement of good moral character. There have been stories of applicants going to the interview only to be arrested and later deported.
Lack of good moral character is a ground for denying a naturalization application. As to what constitutes good moral character is a question for the United States Citizenship and Immigration Services (USCIS) examiner to determine. He has to evaluate the applicant’s claim of good moral character on a case-by-case basis.
The applicant must measure up to the standard of the average citizen in the community where he resides. He has to prove that he has good moral character during the five years (or three years if married to a U.S. citizen) immediately preceding the filing of the application and up to the time of the interview and the oath-taking.
His conduct prior to the statutory period may be taken into account if such conduct during the statutory period does not reflect that there has been reform of character from an earlier period or if the earlier conduct and acts appear relevant to a determination of the applicant’s present moral character.
The law says that there is lack of good moral character if during the statutory period the applicant committed one or more crimes involving moral turpitude, or committed two or more offenses for which the applicant was convicted and the sentence actually imposed was 5 years or more.
In one case, an applicant was denied naturalization because he had been convicted of petit larceny and sentenced to 11 months.
Violation of any law of the U.S., any state, or any foreign country relating to a controlled substance as well as giving false testimony to obtain immigration benefit also show lack of good moral character.
Prostitution, human smuggling, two or more gambling convictions and being a habitual drunkard also constitute lack of good moral character.
Unless there are extenuating circumstances, lack of good moral character can also be found if the applicant willfully failed or refused to support his dependents or he had an extramarital affair which tended to destroy an existing marriage.
Conviction for murder at any time or conviction for an aggravated felony on or after November 29, 1990 definitely constitutes bad moral character.
Although it is not in the law or in the regulations, failure to register with the Selective Service between 18 and 26 years old also constitutes lack of good moral character and may trigger a denial of the application if the applicant’s failure was willful. But this conduct is not a permanent bar to U.S. citizenship.
According to a USCIS memo, failure to register has a bearing on good moral character, attachment to the principles of the Constitution, and the willingness of the applicant to bear arms on behalf of the United States.
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Fil Am Nurse Fights Discrimination
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STEREOTYPES die hard.
A racial slur heaped against Filipinos has once again reared its ugly head when a female shopper, a Filipino American nurse, formally brought it to the attention of the Chicago city government. The use of the offensive language this time took place in the workplace at the private sector.
I thought the racial insult that was roundly denounced by Filipino Americans was already buried in 1994 and forgotten in 2007. I am referring to NBC sitcom character Kelsie Grammer blurting out in one of the episodes of "Frasier" that "for another $5,000 you'll be able to get a brand new Filipina bride."
But lo and behold, a female shopper in Chicago, Illinois was pleasantly shocked this month when she entered H & M Hennes & Mauritz, a Swedish retail giant, on Michigan Avenue in Chicago. A Caucasian male employee in his “20’s to early 30’s,” who was adjusting clothing on a rack, raised his right hand and said, “Mail-order bride in the house” and ran towards a fellow employee, a brunette, and together, they started laughing.
Since there was no other shopper “within three or four racks of me,” the shopper, Frannie L. Richards, said she was “shocked and disgusted” these white employees implied “I was a whore and could not understand why he would say anything so derogatory.”
VASAL-VAGAL REACTION
She said she thought she was going to have “vasal-vagal reaction (I could hear my heartbeat in my ear and thought I was going to faint.) I felt like crying but refused to give him the satisfaction. I had a red bag and was wearing black pants and a long denim coat. I am an Asian American woman.”
Because she wanted to get the names of the two employes, Ms. Richards approached them and asked him if she could try on clothes, the man rudely pointed to the fitting rooms at the end of the room and said, “Can (sic) you read that sign, it says ‘fitting room’ – suggesting that I was unable to read English (as he exaggerated the intonation).”
She said as she walked away, the man started muttering under his breath and making a mocking noise like “ching, ching, chong.” She felt degraded and upset.
Because of her frustration, she asked to talk to a department manager named Tom who could not even provide her the name of the offending employee.
Because she felt helpless, she left. But her friends coached her to go back and get the name of the “harasser.” When she came back, she was accompanied by a friend as a witness.
First Time Offender Gets A Pass
She looked for another manager. This time, Greg, could only tell her that his harassing subordinate will first “get a verbal warning, and if it happens again, then it would be written down.” She said she was told the employee’s name is “Joseph H.” whose position is called a “visual merchandiser.”
Because she wanted “Joseph H.” fired, Ms. Richard filed a discrimination complaint against him for violating “Chapter 2-160 of the Chicago Municipal Code.” It guards against discrimination, including anti-Asian and sex-based discrimination, when discriminatory incident takes place in Chicago and involves employment, housing, public accommodations, credit or bonding.
She filed the case before the Commission on Human Relations of the City of Chicago.
She is assisted by Atty. Myron Dean Quon, Asian American Institute Legal Director. Ms. Quon said “Anti-Asian, xenophobic and misogynist verbal attacks still happen on a daily basis. Asian American women, like Ms. Richards, should never have to deal with this type of harassment, in Chicago no less.”
Ground For Termination
“As a registered nurse and retired U.S. Air Force Reserve Staff Sgt., I knew that I had to enforce my civil rights for myself and other Asian American women. Because H & M refused to discipline this employee, I immediately thought of my own female relatives and friends. The workplace usage of disparaging anti-Asian slurs should require the termination of that H & M employee,” Ms. Richards insisted.
I tried to reach H & M for comment. I was referred to its New York office. But my call was not returned.
I called up the City’s Commission on Human Relations. Its investigator, Mr. Peter Oakley, told me that H & M has 30 days to respond to the complaint filed by Ms. Richards. H& M can ask for an extension of two weeks. The CHR will have to resolve the matter in 180 days. Afterwards, a conciliation conference between the parties follows. If either side agrees or disagrees, either side can file an appeal within 30 days.
If they don’t come to an agreement, any of the parties can take the matter up to the Cook County Circuit Court.
A discrimination complaint should be filed within 180 days after the occurrence of the discriminatory incident.
I just hope Ms. Richards will get the relief she is seeking under the law, including emotional distress, damages, injunctive relief, attorney’s fees, costs, etc.
Let’s keep our fingers crossed.
(lariosa_jos@sbcglobal.net)
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TO SEE reality, stand on your head, writer Gilbert Keith Chesterton suggested. That’s sound counsel for this country where crooks are wedged into top positions and citizens are peons. And as Interior Secretary Ronaldo Puno demonstrated, politically-wired convicts can duck jail terms.
Shortly after becoming the first president convicted for plunder, Joseph Estrada was visited by Puno -- who dangled a Malacanang pardon. Erap hadn’t even threshed out options with his lawyers: going to a Muntinlupa cell; seeking reconsideration or a Supreme Court appeal. But Puno chortled : “Christmas celeberations, at the Estrada’s, are always enjoyable.”
Puno’s Christmas Days are irrelevant. More basic are the laws on plunder and pardon. And what does the “bully pulpit” of the presidency teach by fawning abdication, to convicts, the setting of conditions for liberty? Shall I “wear out my belly groveling in the dust?” Cyranco de Bergerac asked. “No, thank you.”
“No, thank you,” Estrada told the Palace. Instead, he asked the court to reconsider it’s verdict. Erap insists that, like Galahad, he’s spotless and doesn’t need absolution. Is that good law? Obviously, it’s sound theology. Even God can not pardon if there isn’t a flicker of remorse.
There’s no contrition about what the verdict documents: November 1999, crony Jaime Dichaves deposited P189 million, into the Jose Velarde account..That was the 10 percent commission for P2-billion ( $45 million) worth of Belle Corporation stocks, bought by SSS and GSIS on Estrada’s order. Velarde and Estrada were one and the same persons, the court found. Funds from Velarde’s account paid for the Boracay mansion, etc. In contrast, Peru seeks justice for abuses by former president Alberto Fujimori, the FilAmerican Forum noted. Korea jailed former presidents Chun Doo Hwan and Roh Tae-woo. “We risk the scorn of other nations if we throw away the vindication won at great cost and effort.”
It recalls our waffling with World War II collaborators. Of the 5,000 plus cases filed with People’s Court, only 156 resulted in convictions. Of 17 prominent individuals tried, only one was convicted.
“The impression was created there was no difference between patriots and traitors,” Ateneo University’s John Carroll wrote “Or that it was not worth the effort to sort them out...(This reflects) a puny common conscience…Not to react to massive crimes is “to reduce a people’s values to personal preference. There is grave danger that (society) will dissolve.”
There’ll be no further negotiations with (Estrada) “until his conviction has become final and executory,” Puno said Tuesday. “Another three to four years of litigation will not be good for the [former] President…. If he wants to proceed on a shorter route, he can accept finality of judgment, request for a pardon, then we’ll act accordingly.”
The shortcut peddled glosses over righting massive wrongs. Restitution is ignored. It’s all about convenience “It is expedient that one man die to save the nation,” Caiphas the Pharisee high priest counseled. Such a mindset is innocent of values. It may send Puno, on a high, come Christmas Day, with the Estradas. But the message is: Crime pays.
And what does impunity signal for others? Lapu-Lapu City on Mactan Island, Cebu, for example, has two export processing zones there. Over 150 firms hire 43,000 workers. It’s products account for 9 percent of the country’s total exports.
The place is water short, lacks sewerage, is choked by traffic and garbage – lacks urban savvy. Auditors are dunning officials for unliquidated cash advances. The Ombudsman suspended Mayor Arturo Radaza for splurging, during Asean’s Summit, on what are the world’s “costliest streetlamps” (P224,000 per unit).
A Mactan Island Chamber of Commerce and Industry survey of business-owners goes further: “Fifteen respondents said one of the mayor’s assistants demanded money to ‘facilitate’ release of a license, permit or clearance,” Sun Star Daily reported. But “12 respondents said the mayor himself allegedly made the demand”.
“Sliding scale” kickbacks saw 13 of 28 respondents asked to pay P50,000 to P2 million, for a permit or license. Five respondents were clipped for P5 million or more. At least 18 were bugged for “a percentage of the project cost, or both,” to grease releases”.
Led by MCCI president Efrain Pelaez Jr., fed-up businessmen, asked the leeches to “back off”. After MCCI request for information on contracts were ignored, Pelaez filed charges for a City Hall P23 million purchase of personal computers, priced at P49,500, by a hole-in-the-wall Klein Enterprises, the complaint says. The actual cost is less than half. It asked BIR for life-style checks of 18 local officials.
The Catholic church-based organization “Dilaab” backed the business-leaders. Citizens demand accountability, Father Carmelo Diola said. “Far too long, people victimized by corruption either remain silent, murmur in private or dance with the system.”
Reaction by Mayor Radaza and assocates has been knee-jerk. His office just “discovered” that Pelaez didn’t settle P5,409,838 in business and realty taxes with Lapu-Lapu. He’d order city hall to padlock Pelaez firms.
Cut the crap and answer the charges, GMA’s Bobby Nalzaro and Cebu Daily News Ricky Pocka, among others, wrote. That may require Mayor Radaza and Co, to stand on their heads.
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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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