Filipina DH held for alleged theft of diamond ring

Magistrate said the Filipina can go to the High Court to apply for bail

By Vir B. Lumicao

A Filipina domestic worker accused by her female employer of stealing a diamond ring has been denied bail by a Kwun Tong magistrate despite an offer of guarantee from the Consulate that she won’t abscond.

Jeambreth Algura appeared on May 4 before Magistrate Chu Chung-keung to apply for her temporary release eight days after she was charged with theft by the police.

The defendant was arrested and taken into custody on Apr 24 after the employer called the police to report that her ring was missing. The ring was allegedly found later by the employer in a pocket of Algura’s backpack.

The defendant’s mother, who also works in Hong Kong, attended the hearing accompanied by Danny Baldon, an officer of the Consulate’s assistance to nationals section.

The counsel assigned by the Duty Lawyers Service to represent Algura applied for bail on her behalf. He said she had offered to post a $1,000 bail and that the Consulate had agreed to house her in its shelter for troubled workers.

The Consulate has also offered to guarantee that the defendant will not leave Hong Kong while the case is not resolved, the lawyer said. Pointing to the gallery, the lawyer said a consular officer was, in fact, in the courtroom.

But Magistrate Chu refused the application, but told the defendant she could apply for bail at the Court of First Instance.

He adjourned the hearing until May 31 and ordered the helper remanded in custody.

Beyond grief

By Daisy Catherine L. Mandap

Coping with grief is not the easiest thing to do, more so if the cause was the untimely demise of a loved one. Things get more tough when the death happens abroad, and the victim is a migrant worker.

Lucky are those who have friends or family members at the worksite who can attend to the numerous tasks that need to be done before the remains of a loved one can be brought home. Beyond coping with the pain, it is the nitty-gritty of attending to the paperwork, dealing with the police and the morgue, and deciding on whether a public viewing should be held, that could prove taxing to whoever has to deal with this unenviable task.

Fortunately, Hong Kong has an efficient system in place that allows even tourists to get through this unsavory part of dealing with a loved one’s death rather quickly, at least in most cases. Complications may arise only if there are matters that need to be addressed first before the body is sent for its final journey home.

Such complications could result if there are suspicious circumstances surrounding the death, or it was the result of an accident.

A recent example of the first was the unfortunate death of Lorain Asuncion, who fell from the house of her employer’s father in Shenzhen in July last year. After three autopsies conducted over four months, her family had to finally come to terms with the fact that she had committed suicide.

Death from an accident, in particular, a traffic accident, could result in even more prolonged mourning for the family. A case in point was the death of Geraldine Betasolo who was hit by van while rushing to deliver a spare car key to her employer in November last year.

Geraldine’s grieving husband and teenage son were lucky in that they got full support from her friends in Hong Kong, including her employers; the mayor in their hometown of Inabanga, Bohol, who paid for their air fare to Hong Kong and ensured they got passports quickly; and staff at the Consulate, particularly Danny Baldon, who took them to nearly all the government offices they had to deal with.

But five months since the tragedy, her family still has to deal with claiming the compensation due them under both Hong Kong and Philippine laws.

In helping them get through the hurdles, we were struck by how seemingly simple the procedures were in filing claims. Immediate members of the family can do all the paperwork, or appoint someone to act in their stead.

It turned out it wasn’t so simple, especially since Geraldine’s next of kin live in a barangay four hours away from the capital of Tagbilaran, and snail mail is even more slow in their part of the country.

Given this, the task of having documents notarized, then authenticated in the nearest Chinese consulate in Cebu, took far longer than usual, and they nearly missed meeting the deadline for filing refunds for funeral expenses.

The requirements for pursuing the bigger claims – for compensation due to death, personal injuries, and from the traffic accident victims assistance scheme - are even more formidable, and will entail them going back to square one with the new documents they need to submit.

But the rewards for putting up with the paper and leg work are real, and within reach. In Geraldine’s case, the compensation alone for death resulting from an accident - which now stands at about $400,000 (Php2.5 million) — is substantial, especially if spent in the Philippines. It should be enough to feed her family for months, and if her husband so wishes, use it to start a business. The money that will go to her son, Kyle, could see him through college, and hopefully, improve on the life they used to have.

It wouldn’t be hard to provide help to families like them if support groups including the Consulate could all sit together and come up with an action plan to address their concerns in the quickest time possible. All we need to do is to draw from our shared experiences and create a blueprint that ensures help is given when it is needed, and who would be in the best position to provide it.

All it takes is a community that cares and works together to ensure the grief does not last longer than necessary.

Magbasa ka kasi

Hindi namin napigilang matawa nang mabasa ang isang balita na inilathala ng Inquirer, na nagsasabing ang Pilipino ang isa sa pinaka-mali ang pag-unawa sa nangyayari sa mundo.

Ayon sa Perils of Perception 2017 survey ng Ipsos, isa sa pinakamalaking kumpanyang gumagawa ng market research sa mundo, pumapangalawa lamang ang Pilipinas sa Brazil.

Ang basehan ng resultang ito ay mga tanong tungkol sa murder at suicide rates, terrorism death rates, at teenage pregnancy at health issues — mga tanong na may eksaktong kasagutan kaya madaling malaman kung ang sumasagot ay tama o nagdudunung-dunungan lang.

At hindi lang iyan. Ang mga Pilipino rin ay pumangalawa lang sa India sa pagging sigurado na sila ay tama, kahit sa katotohanan ay mali ang kanilang sagot.

May paliwanang ang gumawa ng pagsusuri kung bakit nangyayari ito. “We are often most incorrect on factors that are widely discussed in the media, such as deaths from terrorism, murder rates, immigration and teenage pregnancy,” ayon kay Bobby Duffy, ang managing director of Ipsos MORI Social Research Institute sa London. “There are multiple reasons for these errors – from our struggle with maths and proportions, to media and political coverage of issues, to social psychology explanations of our mental shortcuts or biases.”

Mayroon din kaming paliwanang kung bakit ganito ang Pilipino—mula sa aming sariling karanasan.

Tingnan mo ang aming Facebook page (hanapin ang The SUN Hong Kong) at makikita ang pagmamagaling ng Pilipino. May mga komento pa nga na malinaw na nagpapakitang hindi man lang nila binasa ang balitang kanilang tinutuligsa.

Hindi masamang magbigay ng opinyon. Magbasa nga lang muna para maintindihan ang sinasalihang diskusyon, at upang maiwasang ipakita na sila’y tanga.

May payo si James Madison Jr., ang ika-apat na pangulo ng Estados Unidos at isa sa sumulat ng Saligang Batas nito, sa mga pinipiling maging mangmang: “Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power that knowledge gives.”

Bail refused for Pinoy tourist gang of pickpockets

Eastern Court in Sai Wan Ho

A magistrate in Eastern Court rejected on May 3 a bail application by two of five Filipino tourists who are facing an attempted theft charge following a botched bid to pick the wallet of a Korean woman in April.

Four of the defendants appeared in court before Magistrate Peter Law. They were Rasim Linambos, Arlene Gerodias, Manuelito Camacho and Delia Neri.

A fifth defendant, Zenaida Aviles, was absent, as she was reportedly taken to a hospital a few days earlier because she vomited blood. She was scheduled to appear solo in the same court on May 2, but failed. Magistrate Law was told she remained in hospital.

Aviles, Linambos, Gerodias, Camacho and Neri were arrested on Apr 24 after their failed attempt to steal the Korean woman’s wallet in an MTR station on Hong Kong Island.

The attempt failed because the Korean felt someone was tugging at her wallet. It turned out the wallet was secured by a chain to the bag. Plainclothes police who were nearby arrested the five.

On May 3, the duty lawyer representing the five said Linambos was offering to put up a $2,500 bail for his temporary release while Gerodias was offering $1,650, but Law rejected their applications.

The magistrate adjourned their case until May 24 and ordered them remanded in custody.  - Vir B. Lumicao. All rights reserved.

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Pioneering court interpreter passes on after lingering illness

Menchu Rivera with her closest friends among the interpreters:
Jo Ann Bautista, Yollie Santos and Gigi Wearing-Smith

A well-loved member of the Filipino community who spent nearly four decades working as a court interpreter in Hong Kong, died in Manila early on Apr. 24.

Carmen Eizmendi Rivera, 75, who was fondly known as “Menchu” in the community, passed away due to bladder cancer. She left behind two children, Louie and Socci. A third, her youngest son Ramon, died from drowning three years ago.

Socci said in a message to Menchu’s friends in Hong Kong that her mom passed away peacefully after fighting a “very painful battle.” Socci said Menchu was cremated on the same day that she died, and her remains interred at the St. Therese Columbarium in Pasay City on Apr 29.

Mercifully, Menchu’s last hours were reportedly “filled with laughter, love and prayers.”

Menchu with Jan Yumul, who became close to the affable
interpreter while covering court stories for The SUN 

The jovial and sharp-witted interpreter was known for her fluency in Filipino, English and Spanish, and was often called upon to handle difficult court cases. She was friendly with many in the community, and was known for always turning up smartly dressed and well-coiffed for any occasion.

Told of how saddened people in the community were on hearing of her mother’s death, Socci said: “We all miss her. Her smile, her colourful and matching accessories…that's my mom!”

A longtime Hong Kong resident, Menchu joined the interpreter’s office of the Hong Kong Judiciary in 1981, and served until November last year, when she had to go home for medical treatment. She had noticeably lost weight by then, but remained her funny self that many of her friends were shocked to hear of her untimely death.

Several masses were offered for Menchu in Hong Kong, including one on Apr 21 by her interpreter-friends, shortly after news about her deteriorating condition was relayed by her son Louie; and another at the Philippine Consulate on Sunday, Apr 22. More masses were offered after she passed on. – Daisy CL Mandap

 

Louie Rivera (leftmost, on the floor) and Socci Cristi (in pink dress) were joined by relatives
at the inurnment of Menchu's ashes at St Therese Columbarium on Apr 29.

A memorial mass for Carmen “Menchu” Rivera will be held on May 19, 2018 (Saturday), 6pm, at the Catholic Centre on the 18th floor, Grand Building, 15-18 Connaught Road, Central. Join her family, friends and colleagues in commemorating Menchu’s life and passing.

Filipina in Fortress MTR incident taken to hospital

By The SUN 

(first posted: May 3, 2019)

A Filipina domestic worker is now under observation at the Pamela Youde Nethersole Eastern Hospital after she was found acting strangely at Fortress Hill MTR Station on May 1.

Footages of the worker who appeared to be deep in prayer while reportedly chanting, “Ako ang tagapagligtas ninyong lahat”  went viral on Facebook after they were posted by fellow Filipinas who were at the MTR station at the time.

At one point, the OFW prostrated herself on the floor beside the station’s turnstiles, while security officers and other people watched. A Filipina in one of the videos could be heard telling the people around her that “she is Filipina.”

'Ako ang tagapagligtas ninyong lahat',
she reportedly chanted

The worker falls flat on the floor

A netizen later posted in one of the Facebook chats that the woman was her townmate in Southern Leyte. She said she had informed the OFW’s relatives of what happened, but assured them that she was already in the hospital.

Lorna Obedoza from the Overseas Workers Welfare Administration office in Hong Kong confirmed to The SUN that the woman is a domestic helper working in North Point. Her employers had reportedly been told about the incident, and had visited her in the hospital.

Obedoza also confirmed that the worker's relatives in Southern Leyte had been informed.

The worker is said to be single, and has been working for the same employer for the past seven years. It is unclear what had caused her apparent breakdown.

The Police Public Relations Branch said in an emailed statement that the police received a report at about 9:15 am on May 1 about a “44-year-old foreign woman” causing obstruction to other users inside Fortress Hill Station.

“Upon police arrival, the woman was brought to Ruttonjee Hospital for medical treatment. The case was classified as ‘suspected mentally disordered person found’,” the police said. 

The helper was apparently moved afterwards to Eastern Hospital which has a psychiatric ward. 

Obedoza said OWWA was informed by friends of the worker about her situation on May 2. The welfare officer said her staff would visit her in hospital tomorrow afternoon.

Soon after the videos of the helper were posted, a clamor went up for the footages to be deleted, but some are still online, and continue to be shared. All Rights Reserved

Pinoy to do 160 hrs of community work for indecent assault on OFW leader

Magistrate said case was at "low end"of the offence

By Vir B. Lumicao

(May 2, 2018)

A technician convicted in Eastern Court on two counts of indecent assault on a Filipina community leader has been sentenced to 160 hours of community service.

Jesnar Bade, the 55-year-old offender, cried when Magistrate Cheung Kit-yee pronounced the sentence earlier today after receiving a copy of the community service report submitted by the defense lawyer.

He had been in custody since being convicted of the offence on Mar 27.

Bade had pleaded not guilty to indecently assaulting the victim identified only as “Miss X”, who testified in open court about the incident in late July last year.  Bade chose not to give evidence.

“All women should be protected in their workplaces,” Cheung said, noting that Bade committed the two counts of indecent assault right in the workplace of the victim.

But the magistrate said she accepted the recommendation of the probation officer for  community service after considering the merits of the case, which she described as being at the low end of the indecent assault bracket, as well as Bade’s background.

She said it was the technician’s first offense; he had been working hard all his life; he had shown deep remorse and willingness to do community service, and he had the support of his wife, who was present in the courtroom.

Cheung ordered Bade to do 160 hours of community work on each charge to be served concurrently, specifying 8 hours of service every Sunday under the supervision of the probation officer.

She warned that in case of any breach of the probation order, the court would cancel the community service and impose a new sentence.

Miss X, married and a mother of three girls, testified that in late July last year, Bade embraced her from behind twice, trying to touch her breasts, when the technician was sent by his company G4S, to fix the alarm system at her employer’s house.

She said the assaults happened while she was learning how to bypass the alarm system. Each time, she said, she covered her breasts with her arms and halted Bade’s advances by elbowing him and telling him to stop.

DH fined $2,000 for shoplifting in supermarket

For taking several grocery items worth more than $700 without paying for them, a Filipina domestic worker was fined $2,000 by an Eastern Court magistrate on Apr 18.

Rosemarie Sano, a widow and mother of six, was convicted and fined by Magistrate Peter Law after she pleaded guilty to one count of theft.

The prosecution said the 55-year-old woman was observed by the manager of the Fusion by Park n Shop supermarket in Cyberport, Pokfulam, putting the goods in her rucksack on Mar 27.

When she tried to leave the supermarket without paying, the manager intercepted her and demanded to inspect the woman’s backpack.

Found inside the bag were a pack of sushi, a box of body lotion, four oranges, a pack of mushrooms, two eggplants, six pieces of avocado, a pack of vegetables, two packs of underwear and two packs of socks.

The manager called police and Sano was arrested. She was released after putting up a 1,000 bail.

The prosecutor said the defendant had a clear record.

In mitigation, the duty lawyer assigned to represent Sano asked for a lenient sentence by way of a fine, saying she had a clear record and had pleaded guilty to the charge.

He said Sano was a domestic helper earning $7,000 a month. Her husband died four years ago and she has single-handedly supporting her two daughters and four sons.

Magistrate Law said that as the value of goods Sano had stolen was quite large, he was imposing a fine of $2,000, half of it to be taken from her bail money and the remainder to be paid within one week. – VB Lumicao

DH fired after overstaying while in China sues employer

By Vir B. Lumicao 

A Filipina who had overstayed her visitor’s visa while she was on the mainland serving her employer, has filed a $112,000 claim against the latter for terminating her contract upon hearing her stay permit had expired.

Myles A. Alfaro laid the claim against Lin Haiyan, a mainland businesswoman residing in Hong Kong, but the defendant did not show up for the hearing in the Labour Tribunal on Apr 26.

The Labour Tribunal building on Gascoigne Road, Yaumatei.

The defendant sent her cousin, a Mr Kwok, as her representative purportedly because she was in Sri Lanka for an important business meeting.

Lin’s absence upset Presiding Officer Isabella Chu, who said she could not allow Kwok to represent the defendant as he was not in a position to address the issues against the employer.

Kwok explained that Lin had thought of appearing in the hearing but that she really had a very important business meeting.

Chu, however, did not accept that explanation.  She said the tribunal hearing was an equally important meeting that had been set a month ago.

She said Lin should have informed the Tribunal that she would be outside Hong Kong on the day of the hearing so that another date would have been booked.

“It’s not fair to the taxpayer. It’s not just the defendant who is busy, I am busy as well. Digest what I said to you just now: ‘Don’t waste the time of the court, don’t waste the taxpayers’ money.” 

She told Kwok the defendant would be charged the full cost of the day’s hearing, then instructed him to call Lin and ask her to choose a date in early May when she is available to attend court.

Alfaro tearfully expressed her concern that Lin might not appear again in the next hearing, but Chu assured her that in case that happens, she would deal with the case in favor of the domestic worker.

Alfaro is claiming $630 in arrears in wages, one-way air fare to Manila of $1,120, $100 food allowance, $97,492.50 for the unfinished portion of her contract that includes wages in lieu of notice, as well as expenses incurred totaling $12,384.87.

The expenses include such items as the $1,780 air ticket, accommodation in China following her termination and the fine she paid the mainland immigration for overstaying her visa for 20 days.

Alfaro said Lin wanted her to fly back to the Philippines right after her termination, but the helper called up her agency, which lent her money to buy an air ticket to Hong Kong.

Chu set the next hearing for May 10 and instructed Kwok to remind Lin that she might have to be in court the whole day so she must set no other business meetings on that day.

When Alfaro asked whether she could start looking for a new employer, Chu said she should ask the Immigration Department.

‘Mystery’ cleanup drive on island set for ‘Earth Day’

A recent cleanup was well-attended by Filipino domestic helpers.
Photo: AquaMeridian Conservation & Education Foundation.

A massive cleanup drive in one of Hong Kong's outlying islands has been set for April 22 to mark Earth Day. But the location of the event is not being disclosed - yet.

“The location is a secret - adds more fun,” said Robert Lockyer, operations director of the AquaMeridian Conservation & Education Foundation, which is leading the cleanup.

Lockyer said his group has been organizing regular cleanup events in Lamma where he lives, and on Lantau and Hong Kong islands. Hundreds of people, many of them foreign domestic helpers, take part.

“Every month we do a big cleanup event and each weekend we do smaller cleanups, hiking or hiking trails cleanups,” he said.

At each event, more than 100 FDHs reportedly turn out to join and help. The biggest turnout for helpers according to him was on Feb. 25 when about 300 of them came to help.

“On Sunday 25th February, over 500 people comprising of over 300 domestic helpers, about 50 children, more than 100 local residents from Hong Kong, about 50 members from the Lamma Island sports clubs descended (on) TaiWanTo to start the Year of the Dog with one big cleanup,” he said.

The group reportedly collected over 1400 kilos of rubbish  left on Lamma's beach in just under two hours.

Lockyer said the trash, mostly polystyrene left from typhoon Hato which devastated Hong Kong in September 2017, had been on the beach for at least 6 months.

“The mission today was to get a head start on cleaning the beaches before the 2018 typhoon and monsoon seasons began and our beaches become too devastated again,” Lockyer said after the operation.

After polystyrene he said the second most common item picked up that day was plastic cutlery and drinking straws.

A participating team  from the Hong Kong Ghost Net Facebook Group also managed to remove some plastic nets that had become entangled in the rocks.

Following the cleanup, a representative from the Food and Environmental Hygiene Department reportedly said that it took 15 village vehicles to remove all the trash that was collected that day.

Keilim Ng, from the Lantau-based marine environmental organization EcoMarine said: "It’s so rewarding to see so many people inspired to come along today. We all hope and wish that they will carry the memory of today with them and replicate this all over Hong Kong.”

A representative from one of the main supporters for the event, The European Union Office of Hong Kong and Macao, thanked all the volunteers, and expressed hope that everyone could change their pattern of behavior in everyday life and consume less single use plastic.

Lockyer said: "Whilst approximately 400 bags of trash were collected from the beach, sadly this will all end up in Hong Kong landfill due to the limited opportunities and funding for recycling in Hong Kong and the single waste transport facility that is on north Lamma Island".

He said that for the whole of 2018, his group will be organizing monthly public cleanups to help promote a healthier and happier lifestyle by using less “single use plastic”