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DWC holds day-long rights seminar to mark anniversary

Posted on 17 September 2019 No comments

By The SUN


Participants and speakers gather at the end of the seminar for a photo-op.
Speakers included from left, Balladares, Mandap, Villar, Tellez and Clarin

The online support group, Domestic Workers Corner, may have been in existence for just two years, but it has already done a lot to reach out and provide comfort and help to distressed Filipino migrant workers in Hong Kong.

For its second anniversary offering, DWC led by its founder Rodelia P. Villar, outdid itself by gathering about 200 members for a day-long rights seminar at the Philippine Overseas Labor Office on Sept 14, a statutory holiday.

Invited to speak at the event were key officers and representatives from the Consulate, NGOs like the Mission for Migrant Workers, PathFinders and Card HK Foundation, media like The SUN, and Filipino community organizations like Unifil-Migrante Hong Kong.
DWC members, most of whom are new in Hong Kong, were in rapt attention as speaker after speaker gave first-hand information on the various services they can avail of, and vital issues that concern them.

Among the highlights was the briefing given by the Mission’s general manager, Cynthia Tellez, on the various ploys used by employment agencies to extract illegal fees from migrant workers.

Tellez advised the audience to say no when told by agencies to borrow money from financing companies to pay them illegal fees, and report to Polo on any such attempt by their agency to squeeze them.
Since no receipts are often given for these illegal collections, she said it is important for the worker to keep a diary, and get somebody to act as their witness, should it become necessary to file a complaint against their agency.

Those who are already back in the Philippines can still file a claim against their agency with the Philippine Overseas Employment Administration in Manila. Tellez said the agency stands in the place of the employer who failed to abide by his or her contractual obligations.
“Kung di ka binayaran ng suweldo at iba pang dapat mong matanggap, puwede iyang singilin sa agency mo sa Pilipinas,” she said.
Image may contain: 6 people, people sitting
Tellez lectures on agency's illegal fee collection

Dolores Balladares-Pelaez, chair of United Filipinos-Migrante Hong Kong, appealed to the workers to extend support to the fight to raise their minimum monthly salary to $5,894, saying this amount is based on actual study on how much a “living wage” should be.

She also explained Unifil’s campaign for an 11-hour uninterrupted rest for FDWs, and for their work contract to exclude certain areas of the house such as the toilet, laundry or storage room, as unsuitable resting places for them.

On the national level, Pelaez said Unifil is not against OFWs paying monthly contributions to the Social Security System and other government agencies like Philhealth and Pag-IBIG, but it should be voluntary, and not mandatory.
Daisy Mandap, editor of The SUN, explained how the rights of FDWs in Hong Kong have been curtailed over the years, starting from the imposition of the 14-day rule for terminated workers, to the recent court ruling denying them right of abode.

Mandap, who is a lawyer, also briefly touched on the anti-government protests sweeping across Hong Kong, and why the proposed extradition bill sparked such widespread fear among its citizens.

Earlier, SSS representative Lester Mata explained the various benefits provided by the agency to its members, from sick and maternity payouts to the monthly pension on their retirement.

Mata also said that while the government has made SSS contributions mandatory for OFWs, they can still choose to pay only the lowest monthly premium of less than Php1,000 instead of the maximum contribution of more than Php2,400.

Raymond Ramos of Pag-IBIG also spoke of how OFWs can avail of the various benefits given to members, including but not limited to a low-interest housing loan. Those who invested in Pag-IBIG Fund’s MP2 savings program, for example, earned far higher interest last year than those who put their money in banks or other investment funds.

In the morning, Social Welfare Attache Bethy Dy discussed the programs and services extended by the Department of Social Welfare to distressed OFWs, particularly those who have problems with their spouses or the children they left behind.

She also explained the benefits and help extended to solo parents, and the rules concerning minors traveling abroad.

PathFinder’s Carmen Lam demonstrated, with help from the NGO’s migrant ambassadors, what services can be availed of by pregnant domestic workers, before and after giving birth in Hong Kong.

The message sent out was that, pregnant migrants should not fear or be embarrassed to seek assistance as there are agencies like PathFinders that can help ease the difficulty of giving birth in Hong Kong.

Welfare officer Marivic Clarin took the chance to speak about the different services provided to OFWs by the Overseas Workers Welfare Administration.

Clarin also assured that the rebates that OWWA has started distributing to long-time members are based on an actuarial calculation of how much the beneficiaries have paid in, and how much they should be getting in turn from the Php1billion set aside for this purpose.

The rebates paid to those who have worked abroad for at least 10 years and have paid their two-year OWWA membership at least five times, have come under fire from many beneficiaries for being “too little, too late.”

For their part, trainors from Card spoke on the importance of drawing up a monthly budget so migrants can avoid falling into the debt trap, the most widespread problem afflicting Filipino domestic workers in Hong Kong.

Image may contain: 4 people, people smiling, people standing
Villar wipes away tears as she views a surprise video tribute from her members
The Card group also advised the participants to sign up for the NGO's free financial literacy and livelihood seminars so they can make their earnings work better for them and their family.

The most emotional part of the day came when DWC administrators and other officers surprised Villar with a special tribute, thanking her for help and patience in dealing with the various problems thrown her way by members.

A teary-eyed Villar was presented by the officers with a plaque, while she in turn handed out certificates to all those who took part in the successful event.

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Japanese man on trial for alleged rape of Chinese-Filipina

Posted on No comments
By Vir B. Lumicao
 
The rape trial is on its 3rd day at the High Court
A Japanese man is on trial at the High Court on a charge of raping a drunk woman he rode with on a bus in August last year.

The victim, identified only as “Miss X” and described by the prosecutor as a Chinese-Filipino, was reportedly very drunk at dawn of Aug 5, 2018, when she took a red minibus in Central going to  Mong Kok, two witnesses told the jury on Sept 17.

But when she got to her senses, the 25-year-old Miss X realized she was in the Kowloon flat of the “Korean man” who had sat next to her on the minibus, and that he had raped her, the court heard.

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The suspect has since been identified as Kaise Hiroki, a Japanese.

The alleged victim’s 19-year-old Filipino boyfriend, identified only as BF, gave evidence for the prosecution, along with her Nepali female co-worker.

BF, currently an unemployed chef, told the court he was in his girlfriend’s flat in Kwai Chung, New Territories, on the night of Aug 4 waiting for her to come home after she went out with some friends for a birthday treat in Lan Kwai Fong at 11 pm.

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Around 2am the next day, he reportedly spoke with her on the phone and learned that she was already on the minibus to Mong Kok, where she would take another minibus to Kwai Chung.

That was the last time he talked to “X” that night. He said he made more than 50 calls to her, but she did not pick up. Around 5am, “X” finally called and told him she was downstairs.

BF said that when X got inside her home she was drunk, throwing up and crying. He asked her why she came home so late, but she said she would wash her private parts first.
When “X” got out of the washroom, she wrapped herself in a towel. Still crying, she embraced him and told him she had been raped.

X allegedly told her boyfriend it was the “Korean” who was standing in front of her in the queue for the minibus who raped her. Her Nepali co-worker and another friend who had seen her off had reportedly asked the suspect earlier if that was the queue for the Mong Kok minibus.

BF said he prodded “X” to report to the police but she initially refused, saying she did not want her father to learn about it because he had a heart ailment.
She then left to sleep in her room while he sat in the living room checking her phone looking for messages from friends she was with that night. At about noon, he went out to play basketball in Southorn Playground in Wanchai.

But that evening, BF accompanied “X” to Princess Margaret Hospital for a check-up because she allegedly felt something was inside her. From there, they went to the police desk in the hospital and made an initial report before they went to the Shamshuipo police to formally report the incident.

On cross-examination, the defense counsel pointed out inconsistencies between BF’s evidence and his statement to the police, but the witness said the officer who took his statement could not understand him even if he was pointing out mistakes.

But he admitted he signed the statement because he had no sleep, was very tired and had no energy to read it.

The next witness, a Nepali student who was doing a summer job in the same restaurant as X, said she and her male friend Jack went with the alleged victim to a pub in Lan Kwai Fong before midnight on Aug 4 to have cocktails as a birthday treat.

Afterwards they moved to a bar where they took shots of vodka. After that the two escorted X to the minibus stop and saw her take the seat next to the defendant.

A 30-minute video of the police interview with the defendant was played back, and a summary of the report made by the pathologist who examined X read out. The report said signs of penetration of X’s private parts were seen during the examination.

The trial continues.
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Pinay cricket team’s December match vs. Indons threatened by air ticket woes

Posted on No comments
Without air tickets, all the preparations will be for naught.

The Philippines’ first and only foreign-based women’s cricket team is scheduled to meet the Indonesian national women’s squadron in Dasmarinas City, Cavite in a qualifying match in late December for the Cricket World Cup.

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But the first international game of the SCC Divas has more than worried the team than excited it, as the problem of financing their air tickets could sabotage their trip if they can’t find a kind-hearted sponsor.

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Josie Arimas, founder and captain of the Divas, who were champions in the Cricket Hong Kong Women’s Development League for the past two seasons, said her team was invited by the Philippine Cricket Association to play in the T20 tournament at home.

Arimas said the PCA manager has pledged to shoulder the Divas players’ accommodation and food while they are in Dasmariñas.

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“Na-rattle ako, baka di ko makumpleto ang ticket namin, ang iba meron na,” Arimas said.
To try crowd-funding, she is planning to post on Facebook an appeal for donations in order to be able to collect enough funds for the team’s air fare to Manila.

She said she can’t hazard going to the   match with just the players who already have tickets because it’s the strong cricketers in her team who happen to have no tickets.

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“Need ko kasi ang mga strong players. Kung lawlaw wala din, di ba? Kung maiwan ang mga strong batter ay wala kaming ilalaban. Apat lang kasing taga-Manila ang medyo okay maglaro,” Arimas said.

Divas players, who are mainly recruits from the OFW baseball, softball and volleyball teams in Hong Kong, mostly come from the Visayas and Northern Luzon provinces.
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DH convicted of ill-treatment, but not of sexual abuse of ward

Posted on 16 September 2019 No comments

By Vir B. Lumicao

Vivo's lawyer says he plans to appeal the verdict, saying
the magistrate had been 'selective' in his decision 
A Filipina domestic worker was found guilty in Kowloon City Court on Thursday, Sept 12, of two charges of ill-treating her boy ward but was acquitted of another count of ill-treatment and two charges of indecently assaulting the now 11-year-old.

The 51-year-old defendant, Angela Vivo, was immediately taken into custody following the verdict. Magistrate Raymond Wong set down the sentencing on Sept 26 to consider a background report on Vivo that defense lawyer Phil Chau requested.

But the magistrate turned down Chau’s request for a report on the impact of the whole episode on the victim, identified only as “X.”
The magistrate convicted Vivo on the first and third charges of “assault or ill-treatment of those in charge of a child”, saying the prosecution had proven her guilty beyond reasonable doubt.

In the first charge, Vivo, who had taken care of X since he was three years old, was found to have pulled the boy’s hair so hard in July 2016 that his scalp was injured.

The victim’s father noticed X’s scalp was bleeding the day after the assault, as he was shampooing his son’s hair after a swimming class. The father took a photo of the injury and sent it to Vivo’s recruitment agent.

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In the other assault, Vivo was found guilty of pinching X so strongly in his left arm that the body was left with a “very painful” bruise. The incident on Dec 7, 2018.

In her evidence, Vivo said the injury resulted from her grabbing the boy’s upper arm to save him from being hit by a big truck near the Mong Kok fire station. She said X ran on the road after his mother refused to buy him a toy.

But Wong rejected her claim, noting that Vivo’s grasp on the boy must have been so powerful it left fingernail marks on his arm
But Vivo was acquitted of a third assault charge which stemmed from the boy’s claim that the maid had hit his arm when he accidentally stepped on her toes.

The magistrate also acquitted the helper on the two charges of indecent assault, in which the boy accused him of touching his penis each time she washed him daily for two years until September 2018. But he gave no reason for his decision.
The boy’s mother told the court she reported the alleged indecent assaults a day after Vivo left for Manila on Sept 9 that year to take care of her sick mother for two months.

The boy’s mother, in reply to Chau’s question during cross examination why she reported those alleged indecent assaults to police only after the maid had left, said a Labour Tribunal “judge” told her to do so after she mentioned the issue in a claims hearing.

During the trial, Chau questioned the motive of Vivo’s employers, noting that at the time they made the allegations against their maid, she had filed a claim at the Tribunal for long service pay from her employers.

Chau said outside court he was planning to appeal the verdicts because the magistrate had been very selective in considering the evidence. But he said he would wait until after the sentencing.    
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