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CA allows Filipina leave to appeal deportation ruling

Posted on 10 January 2020 No comments
By The SUN

The CA says it is unjust to reject a appeal only on the ground of late filing, especially if it is meritorious

In a rare move, the Court of Appeal has granted a Filipina former domestic worker permission to seek a judicial review of the government’s rejection of her non-refoulement claim, or a petition against being sent home.

Chona M. Atienza, who had overstayed her visa for two years before applying for refugee status in 2018, had told the Immigration Director that she feared being harmed or killed by a former boyfriend if she was forced to go back to the Philippines.

The Director rejected her non-refoulement claim, saying her fear was groundless, and that what happened between her and her boyfriend was a private matter. She was also told that there are other places in the Philippines she could move to if she truly feared for her safety.

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Atienza, 44, appealed the decision to the Torture Claims Appeals Board but her application was rejected not because of its lack of merit, but because she submitted it three days after the deadline.

She then sought leave for a judicial review of the Director and the TCAB decisions, but Deputy High Court Judge K W Lung dismissed her application on Aug 7 last year for lack of prosecution. This was after Atienza failed to show up for an oral hearing which Judge Lung had set for that day.

Atienza then went to the CA, which granted her appeal after a hearing on Dec. 17.

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Atienza told the court the TCAB rejected her appeal against the Director’s decision because it was lodged only on Apr 20, 2018, three days after the 14-day filing period. She said she thought the time for appeal would be counted from the time she received the decision on Apr 10 that year.

In their reasons for judgment handed down on Jan. 3, Judges Aarif Barma, Albert Wong and Lisa Wong said they believed her reason for late filing. They also said: “It would be unjust not to allow the late filing of a notice of appeal where the appeal is meritorious. Indeed, nothing would be more unjust.”

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The CA said the Board should have taken into account the merits of Atienza’s appeal regardless of the procedural breach (or its being filed out of time) or its opinion that the applicant had not provided a credible explanation for the breach.


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Nagbago ang amo

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Nagbago ang magandang pakikitungo kay Lyn ng kanyang among Intsik pagkatapos ng 25 taon na tapat niyang paninilbihan.

Dati ay mabait naman ang among babae kaya kahit hindi ibinibigay ng tamang annual leave niya ay hindi siya umaangal.

Sa loob ng 16 years ay tag 14 na araw lang ang ibinibigay na leave sa kanya at ang kulang niyang bakasyon ay hindi na binabayaran.

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Tuwing Chinese New Year ay “no work, no pay” pa siya.

Napamahal na siya sa pamilya, lalo na sa kanyang mga alaga na ngayon ay may kanya- kanyang pamilya na.

Pero nagbago ang amo simula nang may makaibigan itong mahadera at pinapakilaaman na ang magandang trato sa kanya.

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Nasulsulan ang amo na kapag nagbabakasyon sila sa China ay kapalit na iyon ng kanyang mga day off.

Kung ilang araw silang wala ay iyon din daw ang mga araw na dapat ay day off niya kaya hindi na siya pwedeng lumabas tuwing Linggo.

Ganoon daw kasi ang ginagawa ng pakialamerang kaibigan ng kanyang amo sa kasambahay nito. Palagi na ring nambubulyaw ang matanda at pinagsasabihan siya ng di maganda kahit bagong gising sila.

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 Hirap na hirap si Lyn sa mga pangyayari, at nagbabalik tuloy ang mga taon na nagparaya siya sa among matanda na.

Nagka nerbiyos na siya tuloy dahil sa uma-umagang pagbubunganga ng amo.

Dahil dito ay naisipan niyang kausapin ang alagang panganay na alam niyang nakakaunawa sa kanya. Nangako naman ito na kakausapin ang mga magulang sa mga isinumbong ni Lyn sa kanya.

Umaasa si Lyn na maibabalik pa ang dati nilang samahan. Si Lyn ay 51 taong gulang, may asawa at anak at tubong Nueva Ecija. – Marites Palma
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Filipino man to face trial for alleged upskirting

Posted on 09 January 2020 No comments
Case is being heard at Kowloon Court 
A Filipino accused of “committing an act upsetting public decency,” will be tried in Kowloon City Court in March.

The accused, Albert C. Arbolario, has pleaded not guilty to the charge, said to have arisen from his having taken an upskirting video.

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The prosecutor suggested that a two-day trial be held on Mar 24-25 and asked for a witness screen for the alleged victim.

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But Magistrate Ada Yim said the courtroom with a witness screen would not be available on those dates, so she set down the trial for Mar 25-26 instead.

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The defense counsel said Arbolario will testify in his defense.

No details of the case were mentioned in court, but the prosecution said it has a video evidence of the offense. - Vir B. Lumicao
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Phl Ambassador warns Filipino domestic helpers in China working illegally

Posted on No comments
By The SUN
 
Ambassador Sta Romana airs warning over state-owned China Radio International 

Philippine Ambassador to China Jose Santiago Sta. Romana has reiterated that Filipinos are still not allowed to work as domestic helpers in China.

“Madaling pumunta dito, madaling kumuha ng trabaho. Ang mahirap ang kumuha ng work permit kasi wala pang agreement at hindi pa policy ng Chinese government to accept (foreign domestic helpers),” Ambassador Sta Romana said in an interview on Radyo Internasyonal ng Tsina (or Chinese Radio International) that aired today, Jan. 9.

He said no bilateral agreement has yet been signed between the two governments that would allow Filipinos to work legally in China as domestic helpers.

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This is despite recurring reports in the past that Filipino domestics would soon be allowed to work in key Chinese cities like Shanghai, Beijing and Xiamen.

But despite the absence of such a deal, the Philippine government itself has estimated that there are around 200,000 undocumented Filipinos working as domestic helpers in China.

Ambassador Sta Romana said domestic concern could be the reason why China is hesitant to open its doors to foreign domestic workers.

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Without a proper work permit, Filipinos who take up domestic jobs in the mainland could be arrested any time and deported, he said.

In the past, he said China’s Public Security Bureau had alerted them over such arrests, and the Embassy had helped facilitate the Filipinos’ return home.

Despite the prohibition on domestic work, Filipinos continue to flock to China, said Ambassador Sta Romana, with many coming in to work in the media or hotel industry, or as teachers.

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He said recruitment is still ongoing for the 2,000 slots opened for Filipino school teachers as part of a memorandum of understanding signed between the Philippines and China on the sidelines of the Boao forum in Hainan in April 2018.

But it appears there have been not a lot of takers, as the deal requires applicants to be qualified to teach at university level, and must have graduated from designated schools in the Philippines.

“Medyo nagkaroon lang ng challenge sa implementation,” Sta Romana said.

But he said the salary offer is high enough to attract many applicants.

Asked about the possible impact of the protests on the work security of Filipinos in Hong Kong, the ambassador said “Our concern is the welfare of our compatriots. What we want is the safety and security of our compatriots.”

He called on Filipinos in the city to keep themselves safe by not taking part in what he called as Hong Kong’s “domestic” concern.
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Maid loses long service claim, ordered to pay costs to employer

Posted on No comments
By Vir B. Lumicao

The Labour Tribunal rejected the maid's claim that she signed a blank paper instead of a receipt for her long service pay

Not only did Filipina domestic worker Lani Sangel lose her claim for long service pay against her former employer of six years, she was also ordered to pay court costs.

Sangel sought the Labour Tribunal’s help in collecting long service pay of $15,840 from her employer, Annice Ma Yuk-ngor, during a trial on Jan. 9.

But Ma rejected the claim, saying she had already paid the maid two years before their third contract ended on Nov 26, 2018.

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The employer produced a receipt bearing Sangel’s signature dated Oct 1, 2016. Sangel admitted the signature was hers, but said she was asked to sign a blank paper as a condition for the employer to sign her up for a third contract. She said she was not paid any money.

Presiding officer Cheng Lim-chi asked why Sangel did not tell the Tribunal in previous hearings about the blank paper.

Cheng then rejected the maid’s claim but also said he found it strange that Ma had decided to pay for long service two years ahead of time.

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“I believe the defendant (Ma) paid the long service pay in advance on Oct 1, 2016 before the claimant put down her signature on the blank sheet of paper,” Cheng said.

On the issue of costs, he decided that, based on an estimated $70,000 monthly salary of Ma, the maid must pay her $4,500 for having to attend two days of litigation.

He said it was up to Ma if she wanted to write off her costs considering the financial condition of Sangel. But the employer insisted on being paid, saying “the rule of law must be upheld”.

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When Sangel sought to talk to Ma, the former employer angrily refused to do so.

The helper looked shocked after the trial. “Ganito pala ang pakiramdam ng natalo sa kaso,” she uttered. “Alam ng Diyos na wala akong natatanggap na $15,000,” she said.

Sangel began working for Ma on Nov 27, 2012 mainly to take care of the employer’s wheelchair-bound elder sister. The three of them lived in Ma’s house in Tseung Kwan O.

Before the first contract ended in 2014, Ma renewed it. When the second contract was about to run out in 2014, Ma gave Sangel a blank contract and asked her to sign it, saying she won’t rehire her if she didn’t.   

Sangel said that on Oct 1, 2016, a staff at the agency that placed her asked her to sign a blank sheet of paper, purportedly a receipt for her long service award to be paid at the end her third contract. She said she signed because Ma said “no sign, no new contract.”

Ma, giving evidence, said she gave the long service pay at home in the presence of her sister on the same day. She then showed the receipt which had Sangel’s signature.

It is not clear when or how Sangel could be made to pay costs to her former employer.
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