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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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It’s Time To Listen, Mrs. President
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IN a spectacle comparable only to the best movie scripts, Jun Lozada showed up after being declared missing, and rattled the country with with a tell-all press conference implicating First Gentleman Mike Arroyo and former Comelec chairman Ben Abalos in the messy ZTE-NBN scandal.
Many have turned a deaf ear into this scandal, even the president herself. Perhaps, corruption is just so common place in the Philippines that issues like these don't make good headlines anymore.
However, when Lozada bared that Abalos asked for a $130 million kickback from the $200 million plus broadband project, everybody began to listen. Moreover, when Lozada mentioned that Abalos even threatened to kill them if he didn't get his way, people became angry– at the government.
The president may have survived scandals in the past, but this latest bombshell could very well be her undoing for two reasons:
The Church
It is clear with the Lozada episode that the Catholic Church is very much involved in this. The Church is as immersed as the opposition in the fight to oust Arroyo. Lest we forget, Lozada came out of the open under the protection of nuns, priests and La Salle brothers. And although the church is openly critical to Arroyo's government, their very public showing of support to an individual that could cause the fall of the president is evidence enough that they are bent in following through with their criticisms with raw action.
De Venecia
The recent ouster of Jose De Venecia from the House speakership could be the rallying point that the opposition needs. Erap ceased to be the fulcrum when he was pardoned by the president . The opposition probably thinks that JDV still has his clout and is useful to their mission. With the way things are going, a merger between JDV's forces and Erap's legions would most definitely tip the balance in the president's disfavor.
The president hears all these and perhaps her advisers, and most likely her husband advice her not to pay attention. Now, that is very dangerous at this point. If she wants to remain in Malacańang until 2010, she should listen. She should listen like she has never listened before.
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Anticipating The H-1B Rush
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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)
IN anticipation of the rush of H-1B filings on April 1, the United States Citizenship and Immigration Services (USCIS) have come up with a list of measures to guide employers. Inaccurate completion or filing of petitions may result in rejection or denial, the USCIS warns.
The first day of filing for fiscal year 2009 is April 1, 2008, six months before the start of the fiscal year on October 1. Cap subject petitions received before that date will be rejected. Petitions must be filed with the Vermont and California Service Centers depending on the work location.
The correct filing fees must be included in the petition. The base fee is $320. In addition, there is a fraud fee of $500 and ACWIA (American Competitiveness and Workforce Improvement Act ) fee of $750 if the employer has 1 - 25 employees and $1,500 if the number of employees is 26 or more. A $1,000 premium processing fee is required for expedited service.
A certified labor condition application (Form 9035) from the Department of Labor must be attached. This form contains several attestations or promises by the employer. It indicates information about the proposed employment such as work location, period of employment and rate of payment.
The rate of payment must be the prevailing wage or actual wage, whichever is higher, If the beneficiary is in the U.S. and is applying for a change of status, he/she should include evidence such as Form I-94 or Form I-797 to establish that he/she will have maintained a valid nonimmigrant status through the employment start date which is not earlier than October 1. If the beneficiary will apply for the H-1B visa abroad, a duplicate copy of the petition is required.
The cap for H-1B is 65,000 annually and 6,800 are reserved automatically for nationals of Chile and Singapore. There is an additional 20,000 H-1B numbers for holders of master’s degree or higher from a U.S. institution.
A repeat of the mass filings last year, when about 150,000 petitions were filed on the first filing day is expected. If the cap is reached on April 1, a computer-generated random selection will be conducted and cases not selected will be rejected and returned.
All H-1B numbers were used up in the last several years. In the fiscal year 2005, the cap was reached on October 1, 2004; in 2006, it was reached on August 10, 2005; and in 2007, the cap was reached on May 26, 2006.
The H-1B classification is given to foreign nationals who meet the requirements for a specialty occupation. A Specialty Occupation requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s or higher degree. Examples of professionals in a specialty occupation are accountants, architects, engineers and teachers.
Physicians, physical therapists and occupational therapists qualify for H-1B but professional nurses are not eligible unless they are employed in positions requiring advanced practice certification or they are in upper level nurse management.
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YOU need four things to succeed in Indonesia,” went the joke spawned by the 33- year long Suharto reign. “First is Swiss capital. Second is British management. Third is Japanese equipment. And fourth is Indonesian general.”
That wisecrack came to mind when the Indonesian president died late January. By then, the 86-year old Javanese general withered, over a decade, in comfortable house arrest, like Joseph Estrada's Tanay detention.
Popular fury over corruption and runway prices forced him to quit in May 1998. Indonesian courts ruled in 2000 he was physically unfit to stand trial for corruption and massive infraction of human rights...
Indonesia changed in that span of time. How much is seen in Jakarta’s hosting of a UN conference on graft. Suharto’s generals insisted on dwi-fungsi ( “double function”) rule :one finger on the trigger and another in the cookie jar. His military, like Marcos’ “Rolex 12”, slammed doors on exercises that hang out, with the wash, corruption records.
UN conference delegates saw, for example, Transparency International’s annual listing of “The World’s Ten Most Corrupt Leaders”. Suharto topped it, with embezzled funds between $15 to $35 billion. Ferdinand Marcos came in Number 2 with $5 to $10 billion. At $78 to $80 million, Estrada wedged himself in slot Number 10.
Indonesia is a lynch pin for Southeast Asian stability. It’s population of 246.8 million is almost triple that of the Philippines. It has oil. Despite deforestation that outstrips even Filipino logger greed, it’s remaining forests remain “the lung of Southeast Asia.” Indonesia ranks 108, out of 177 nations, in human development – behind the Philippines at 84. And it’s leadership stomp radicals who’d would enflame this giant: the largest of Muslim countries.
Over the long pull, governance in Indonesia will affect the Philippines more than which trapo gets to be House of Representatives’ speaker. Thus, informal comments, by an experienced Filipino journalist, comparing leaders, after the dictatorships of Marcos and Suharto, are revelant.
On retirement, Eddia Lachica was serving with Wall Street Journal’s Washington bureau. Prior to that, he worked with the Philippines Herald and DEPTH news correspondent in Tokyo.
“What’s troubling to some outside observers, like myself, is that in terms of democratic consolidation, the Philippines and Indonesia may be going in opposite directions,” Lachica writes. “The late learner, Indonesia, is moving forward, albeit slowly but with promise of further gains. Enough dispiriting things are happening in Philippine politics to cause one to worry it may be going backwards.
“President Susilo Bambang Yudhoyono has been in office for more than three years. How do SBY's fortunes compare with those of President Gloria Macapgal Arroyo? The record is mixed. But overall, he’s done a good deal better by his people than Gloria has with hers.
“Like Gloria, he started with high expectations. His 2004 election was a moment of national pride, as he was the first directly-elected president. And Indonesians liked the cut of this handsome, Magsaysay-like reformer. The euphoria, of course, was unsustainable. His approval ratings slid down from the 80s to barely over 50% -- although Western leaders would be ecstatic to have as much.
“The democratic paradox is: Winning big doesn't guarantee a successful administration. Your program works only to the extent your fellow citizens allow it to.
“SBY has gone against corruption, as part of his mandate. But so far, only a few high-profile grafters have been jailed. A slew of crooked businessmen fled abroad, some safely harbored in Singapore, until an extradition treaty can be worked out. Public concern for the dying Suharto kept his personal wealth untouched for the longest time. But now that he’s been laid to rest, expect the prosecutors are going to go after his children.
“Corruption in the public sector is endemic. But this due to an unspoken tolerance for poorly paid civil servants picking up extra income so long as it isn't abusive or highly scandalous. It will take a generation or longer to bring governance up to Western standards.
“But overall, this is less depressing situation than what you have in Manila. SBY himself is clean as is his family. And on this point alone this is a tolerably more honest administration than GMA's.
“SBY has taken a few knocks even from his supporters for being too cautious to act decisively. He needs to break some eggs to make an omelet. But I'd take this slow-to-act, God-fearing man as president any day rather than a damn-the-public methods of Mrs. Arroyo.
“She may have an edge over SBY, though, is in the management of the economy, at least for the short term. Of course, her burden has been eased by the huge dollar earnings sent home by overseas workers. God knows where the country would be without them.
“Be grateful, too, to America for it gave us English and an edge in competing for overseas jobs. Indonesia doesn't have anything like our bilingual competence and ability to pull in those billions of expatriate earnings.
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Time Again For Game Of Musical Chairs
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TO the ordinary observer, the political scene in Manila is now full of excitement. Political alliances are shifting. Loyalties are changing. Friends before, enemies now. Enemies before, friends now. At stake are political favors, big and small. And behind the favors are the spoils.
Poor Filipinos. All they get is excitement. And excitement does not fill the stomach. They should realize by now that it's nothing but a game of musical chairs, pure and simple. After the excitement quiets down, the winners as always are the tradpols -- the traditional politicians. In the end, they finish holding political power and control of the wealth. The masses are left with the empty bag.
Earlier, it was the Gloria Macapagal Arroyo and Jose de Venecia and Fidel V. Ramos group versus the Erap Estrada group. After the first round of rigodon, it's expected it will be the GMA-Estrada group versus the JDV bunch with the Ramos clique hanging in a dangle. Later, don't be surprised if the power shifts to the Estrada group. Follow the birdie and see where money ends up.
Poor Filipinos. All they get out of it is the excitement. They enjoy the show. They remain hungry. Where's the birdie? Watch who the movers and shakers of business are meeting in the posh hotels and restaurants and clubs. That's where the money trail ends up.
The spectators' interest is now caught up in the split of the long-ranging alliance of GMA and JDV. The squabble is who gets control over the deal of the moment -- the ZTE national broadband network of China. Commission involved- $200 milllion. Upcoming is the P15 billion Road Users Fund allegedly involving some powerful members of the Senate and the House of Representatives.
It appears the quarrel is down to the next generation. Jose de Venecia III and two sons of GMA allegedly got involved in the national broadband deal. And naturally, GMA and JDV would get into the picture. Heated discussions took place in a luxury hotel. Tempers flared up. A very powerful kinsman asked somebody to shut up. And when the transaction involves $329 million, the exchange was bound to get hotter. The cost escalated. It eventually cost JDV the speakership.
But maybe, this end result was predestined. It became a clash of titans. Two immovable objects -- one against the other. The political ramifications are far-reaching. It is shaking political foundations. There are cracks and fractures appearing all over the place. It is bound to affect the national economy. Some are even predicting the beginning of the end for GMA's reign. Here the truism probably applies that when giants fight, it's best to get out of the way. Or else you could get squashed.
GMA and JDV had worked closely to build up the present administration. JDV knows where to dig to uncover the rot, just in case. And he threatens to spill the beans. Watch when he blows the whistle on GMA, if and when.
The problem is when they realize the consequences, they could stop to reconsider. Like any old politicos, they could kiss and make up. And to the country's detriment, one more hole is covered up and the rot continues to fester.
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