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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 is hard to fathom why most states still hold out on gay marriage.
What are they thinking?
On Thursday, California followed Massachusetts in allowing gay union. Their Supreme Court overturned a 1977 law and a year 2000 referendum limiting civil marriage to only man and woman.
New York not long ago issued as opposite provision.
New Jersey is still hanging on to the old world. Why not the rest of America just give in to these gay couples?
The issue of gay marriage in America is not a moral issue. Neither is civil marriage.
A society that allows divorce has no right to question the morality of same-sex marriage.
The decision of California and Massachusetts to allow same-sex union is strictly based on civil rights: The right to live in one abode, the right to own properties as a married couple, and the right to any privileges available to heterosexual unions– nothing more, nothing less.
However, once gay activists ask for the right to get married in churches, then it becomes a moral issue, especially in the Roman Catholic Church, where divorce is not recognized.
To be able to fully understand this issue without any prejudice, we must differentiate between civil and church marriage. It is imperative that we know what these gay rights activists are asking for before we cringe or raise our eyebrows.
While gay couples have the right to get married in the eyes of the law, their right to do the same in the eyes of God is subject to the judgment of the different religions in this world. We doubt, however, that these homosexual couple would even dare to go there. It is not necessary.
With this development in California, the rest of the country should start the ball rolling and allow civil unions between gay couples. In fact, congress should take the lead and pass a federal law allowing it.
It is hypocritical to not allow civil gay marriage because most of us are not really role models when it comes to marriage, are we? In saying this, however, we should respect the stands of churches and religions when they declare that such practice is immoral and contrary to their system of belief.
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New Rules on Children Turning 21
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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 age of a child being petitioned by a U.S. citizen or permanent resident determines the length of time it takes him/her to become an immigrant.
If the child being petitioned by a U.S. citizen is under 21 and unmarried, a visa number is immediately available as he/she is classified as an immediate relative.
But when he/she turns 21, he/she is classified under the family-based first preference and a visa number will not be available until about fifteen years later in the case of a Filipino.
If the child’s parent is a permanent resident, he/she falls under the F2A category which has a waiting time of five years, but when he/she turns 21, he/she is moved to F2B category with a waiting time of about eleven years.
The aging out is often caused by the processing delays. To address the problem, the Child Status Protection Act (CSPA) was signed into law on August 6, 2002.
Under this law, the age of a child of a U.S. citizen is determined at the time of the filing of an alien relative petition (I-130) for the purpose of obtaining immigration benefits. So that if he/she was under 21 when the petition was filed, he/she is still considered as an immediate relative even if the United States Citizenship and Immigration Services (USCIS) does not adjudicate the petition until after the child turns 21.
In the case of a child of a permanent resident, his/her age is determined on the date that a visa number becomes available, reduced by the number of days that the petition was pending.
The CSPA has up to now been confusing in its implementation primarily because the USCIS did not release adequate guidance on how to interpret its provisions.
On May 6, 2008, the USCIS finally came out with a memo that would modify prior interpretations of certain provisions.
The new guidance now benefits aliens with approved immigrant visa petitions before the effective dates of the CSPA but who failed to apply for permanent residence on the date of its enactment. Under a prior USCIS memo, these aliens did not benefit from the new law.
The law, however, does not benefit those who had received a final decision of their applications for permanent residence prior to August 6, 2002.
If the petition was filed by a U.S. citizen, the child would be eligible for permanent residence as an immediate relative provided there was no final decision before August 6, 2002.
If the petition was filed by a permanent resident, and the priority date of the approved petition became current before his/her 21st birthday, the child would not age out provided a final decision was not issued prior to August 6, 2002, and the child applied for permanent residence within a year from the date the priority date became current.
The new guidance memo allows individuals who were previously denied benefits under CSPA to file a motion to reopen or reconsider without paying a filing fee.
The motion will have to state that a visa petition was approved before August 6, 2002 and the I-485 (adjustment of status) was filed after August 6, 2002; the applicant would have been considered below 21 under the CSPA; the applicant applied for permanent residence within one year from the date a visa number was available and the application was denied solely because he/she aged out.
There is no deadline for the filing of the motion.
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REINVENTING CRAB MENTALITY
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CHICAGO, Illinois (JGLi) -- An example of life imitating nature that is being frowned upon is having a "crabby" attitude. It evokes negative outlook that no one wants to embrace.
While it is one of the meatiest foods known to man, a crab has some very odd characteristics -- it does not want to be left at the bottom of the pile for as long as it can cling to something that is going up.
I remember when I was fishing in the China Sea in the Philippines during my teens, when I felt that something was nibbling my bait, I would pull the line up slowly, especially if I think that the place is known for catching crabs. I would notice that while one of its pincers was holding my line, the crab was still nibbling on the bait even if I was already pulling it near the top of the seawater. When I see it, I would usually get my fish net and put my net below the crab and haul it into my bucket in the boat.
If I had plenty of catch, I would notice that no matter how hard one crab goes up the bucket to set itself free, another crab below will pull it down the bucket. Hence, the expression -- "crab" mentality. It is like saying, "if I can't have it, neither can you."
This term has gained additional meanings as short-sighted, non-constructive thinking rather than a unified, long-term, constructive mentality. It has later been referred to individuals or communities attempting to "escape" a so-called "underprivileged life." They are kept from succeeding by those others of the same community or nation attempting to ride upon their coat-tails or who simply resent their success.
But this crabby attitude is slowly but surely gaining a new meaning among the Filipino American community, especially in San Jose, California.
The architect of this new campaign, Mr. Tito Cortez, is a Filipino American realtor, who has gained supporters from the Filipino American community.
CUTTING TIES THAT BIND
It all started when Mr. Cortez had a falling out from his brother-in-law, Mr. Ben Menor, who is a Filipino American, after Mr. Cortez's sister divorced Mr. Menor. Mr. Cortez once told me that the moment his sister divorced Mr. Menor, he also ceased to become an “in-law” of Mr. Menor.
Unfortunately for Mr. Menor, Mr. Cortez knew some skeletons in Mr. Menor's closet of the Filipino American Senior Opportunities Development Council (Fil-Am SODC), a non-profit group that operates a 92-unit senior housing and community center in San Jose.
To get the community involved to make his disagreements with his former brother-in-law public, Mr. Cortez accepted the challenge of Mr. Menor's friend, Atty. Rodel Rodis, who taunted Mr. Cortez's in a Philippine News column as a crab. Mr. Cortez would form the Citizens Rebelling Against Bogus Spending, whose acronym is what else? -- CRABS. The CRABS provided the San Jose police dossier on Mr. Menor that prompted the police to raid the Fil-Am SODC.
Documents at the raid resulted in the grand jury indictment of Mr. Menor on Count l, a felony -- filing false financial statements, and two counts of grand theft felony charges.
Mr. Menor pleaded Wednesday (May 7th) "no contest" to Count 1, a felony -- filing false financial statements -- that could land him three years in jail.
OVERSTATING HOURS
Mr. Menor admitted overstating by 24,000 hours the amount of time he and his agency worked under contract with the city to run the Northside Community Center, a senior housing and community center on North Sixth Street in San Jose, California.
The 57-year-old Mr. Menor was also ordered to pay restitution on the two remaining two counts - $32,500 (assisted living program) and $16,000 for the NaFFAA conference. He needs to pay back over half of this amount prior to his sentencing on July 24th.
His link to NaFFAA, as in National Association of Filipino American Associations, makes his case very public, especially among the Filipino American public. How can NaFFAA refund Mr. Menor the $16,000 he diverted from the Fil-AmSODC to NaFFAA when NaFFAA is also having difficulties making both ends meet?
I surmise that if Mr. Menor cannot pay back over half of the $32,500 for the assisted living program and the $16,000 for the NaFFAA conference, he could likely land in jail.
If NaFFAA could not refund Mr. Menor the $16,000 or even half of it, it will be a sign of a lack of gratitude to Mr. Menor, who raised the money to hold a successful Fifth National Federation of Filipino American Association National Empowerment Conference in San Jose in 2002 that Mr. Menor chaired. It was like biting the hand that feeds you.
After settling the restitution of Mr. Menor's criminal case, NaFFAA should also brace for the civil penalties that Mr. Menor faces in the civil case.
MORE TROUBLE COMING UP
In the civil case, the City of San Jose City asked the Superior Court of California in Santa Clara County, monetary damage of at least "$219,414, plus interest" from Mr. Menor and "100 other Does" and asked them to pay "treble damages," "civil penalties of up to $10,000 for each false claim," "legally recoverable interest," "punitive and exemplary damages," "damages for time and money properly expended in pursuit of the converted property," other costs, including "attorney's fees."
Lesson learned from this Menor episode: Non-profit organizations should be very selective in getting officers, who are handling money of their organizations.
NaFFAA should distance themselves from people facing indictments as what Sen. Barack Obama is now doing with Antoin "Tony" Rezko. Mr. Obama had to give away to charity the money Mr. Rezko raised for his campaign.
In the same breath that Hillary Rodham Clinton's U.S. Senate campaign returned a $22,000 donation from a businesswoman linked by congressional investigators to a drug trafficker.
Aren't you glad there are CRABS crawling around? (lariosa_jos@sbcglobal.net)
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RP'S FOOD-POPULATION EQUATION
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Seasonally, food crises take place in the Philippines. That's the bane of poverty. The pressures are relieved with typical sporadic responses by the government to suit its political program of the moment. Responses which cannot really hope to cure the food shortages on a long term. The government is simply incapable to achieve this. They are half-measures designed to prevent the pressure cooker from boiling over and exploding.
The current food shortages are typical. We hope the government's assessment of the crisis is correct. We hope it's a local phenomenon. There are signs that it is part of a worldwide trend. If it is, then it could be beyond the control of the Manila government. If so, the repercussion could be truly disastrous.
At this stage of the worldwide food crisis, some nations are already being hit with people riots. Such riots by people driven by hunger are dangerous. We don't remember the Philippines being destabilized by hunger-driven riots at any time in the past. If ever the future is clouded by widespread starvation, watch the wealthy rushing to the exits, racing to the airports and the seaports with their families to migrate to cities abroad where they have stashed their emergency nest eggs.
Already the Manila government has started to form advance arrangement with other countries known to be net producers and exporters of rice, to cover anticipated future deficiencies of the staple. Such preparations are okay as long as one's forecasts of shortages and potential supplies are accurate. But the problem is even as such figures are accurate now, when the crisis come and the anticipated supply and demand develop into a situation where the available supply goes to the highest bidder, such bilateral agreements go into the trash cans.
Preparations that we would like to see should include assuring supplies of alternative food in case rice really disappear from the market, except to those with sufficient trading currency. Such as alternative supplies of root crops like "camote".
On a longer term, has the government started with plans to regulate land use. With a threat of food shortage, it is possibly the time to discourage developing golf courses and such other utilization of hectarages without due regard to the problem of how to feed the people. It is time to give the Department of Agriculture greater voice in regulating recreational uses of land. New input in considering alternative land use such as for biofuel should be taken into account. Energy production is bound to compete with food production.
In drawing national plans, the country should take a second serious look to be sure that at least on a long term basis, due consideration must be given to the problem of food shortage. The problem is surely coming. China and India, the two most populous countries of the world, with a combined population approaching 2 billion are bound to produce a big deviation in the population-food equation of the world, if they are not doing so already.
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KUNDIRANA ... TOUCHES HEARTS AND
TRANSFORMS LIVES
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The adage "youth is wasted on the young" would certainly not apply to the Kundirana. The music ministry of La Salle Philippines under the guidance of the La Salle brothers who have committed to a total rehabilitation program for Filipino youth offenders through the Bahay Pag-Asa (House of Hope) Center in the outskirts of Bacolod, Negros Occidental.
Kundirana is a coined word derived from Kundiman and Harana. Used to name the all-male singing group from La Salle High School Green Hills who annually embark on a singing fundraising tour in the Philippines and the United States. These privileged and talented students commit to this music ministry to help the not-so-fortunate members of their generation to a better life which the Bahay Pag-Asa provides. Here in this Center, the wayward youth who have violated the law/s are given a chance to start anew via innovative, spiritual and educational programs to remold their character and train them for jobs.
This year, the annual concert tour which commenced early in February at the 10,000 seater La Salle Bacolod Coliseum came over to the U.S. last April through May to perform in New York, Los Angeles, San Diego and San Francisco. I have been to their concerts in Bacolod and visited the Bahay Pag-Asa Center and seen for myself the great humanitarian work being done there for the Filipino youth.
This year as in past years, the Kundirana Gala concert was sponsored by the St. Denis Catholic Community of Diamond Bar, CA with full support from its pastor, Rev. Msgr. Jim Lougnane and outstanding community leaders Dr. Franklin Cabebe and Dr. Ralph Cadano, Mesdames. Lisa Santos and Patty Betita as well as the 2008 Miss Kundirana young ladies who went all-out to raise the needed funds for the success of the noteworthy event. Other patrons of the event were Linda De los Santos, Vicky Barbilla, Elena de Jesus, Nita Dungca, Norma Eustaquio and Carol Evangelista, president of the Queen of Peace Rosary Group.
As part of their music ministry, the Kundirana also performed at the Glendora Dialysis Center and at Canterbury Retirement Home in Palos Verdes, sharing their music thereby bringing joy to the sick and the elderly. A special treat at the Haugh Performing Arts Theatre Gala in Glendora was the solo performance of Montet Acoymo, Kundirana '75 ember, one of the most sought-after tenors in the Homeland and an Aliw awardee as "Best Solo Classical Artist" for 2007 and 2007.
Graduates of Kundirana are established performing artists: Gary Valenciano, Ogie Alcasid, Randy Santiago and DingDong Avanzado. The Kundirana batch 2008 is composed of Vincent Arlegui, Tom Co, Aaron de la Cruz, Mikko de la Cruz, Bryan Homecillo, Raymond Muyot, Migs Nunez, Carlo Tabangcura, Joseph Puducay, Richard Castaneda and Alex de Leon. Production staff members are Richard Castaneda and Alex de Leon, Stage Manager, Nongnong Calanog with Dino Alvarez assisting Musical Director Dr. Ramon "Montet" Acoymo and Bro. Rey Mejias as Executive Director. Incumbent president of the De La Salle University Greenhills is Bro Felipe Belleja, Jr.
Mother's Day Concert Treat
The Mother's Day dinner concert at the Holiday Inn in Long Beach was a rare treat for some 300 guests (including Carson Mayor Jim Dear and Councilman Elito and Mrs. Santarina) who were delightfully entertained by opera star, Everlita Rivera David and super entertainer Jun Polistico.
I say rare because the repertoire was a fusion of classic and pop. Ms. David performed the well-loved kundiman including Dahil sa Iyo followed by the inimitable Mr. Polistico with his own take on Lionel Richie, Johnny Mathis, Frank Sinatra, Neil Diamond and yes, even Julio Iglesias. But, what really brought the house down was his Visayan accented version (Jun is a native of Leyte) of a popular hit.
As the program's finale, the unlikely duo did a moving duet of inspirational songs: Somewhere, Walk on and The Prayer.
Those who missed Polistico's brand of entertainment can catch him at the Veterans' Park in the City of Carson on June 7 when he'll be back for the Philippine Independence Day celebrations.
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