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Give importance to documentation

Posted on 19 July 2016 No comments
Give importance to documentation. It could save you from harm.
Most of the time, almost all the cases being referred to the Mission are without evidence or witnesses that will corroborate their statement. Such, in fact, are the most difficult cases to handle.
The most common example is sexual assault or rape or physical assault. How can a migrant woman who was a victim of such an act prove that the crime really happened and that the evidence can prove beyond reasonable doubt her allegations?
Due process dictates that the accuser should be the one to prove that the offence was committed; it is not the burden of the accused to prove her/his innocence. The role of the accused, being the defendant, is to debunk or discredit all the evidence and even the witness/es of the accuser in order to strengthen the probability of dismissing the case.
For that matter, migrant workers being accused of any crime must not stress themselves in proving their innocence. It should be the accuser who should prove, beyond reasonable doubt that the offence was committed.
This Know Your Rights article is about the importance of documentation especially in a situation where there are no witnesses to support or corroborate the victim’s statement or accusation against her tormentor.
There are many ways of doing documentation: taking photos, keeping small pieces of evidence like piece(s) of paper with instructions written by your employer, recording or written diary of all incidents. All of these are part of documentation. All of these can be presented to a lawyer assisting you who will weigh which of these are useful in strengthening your case against the accused.
In all cases, the reconstruction of the event surrounding the alleged offence is a must. This is to establish first the facts related to the offence. This is important because from the narration, the lawyer will know what kind of evidence must be produced to corroborate or verify the statement or narration or reconstruction of the event
The reconstruction of the event needs to be chronologically written. That means from the beginning - the first day - to the day when the offence was committed and immediately after it. This is the very reason why we strongly suggest to our clients to keep a diary from the time they started work. If it is related to the recruitment agency this will include records from the day they knew of the existence of the agency up to the time they applied, and so on
What usually is the content of the diary?
Everyday, you write all that happened that day. When did you start, what did you do (household chores, bringing the kids to school, etc), your meeting with your employer, the good or the not so good. If there was conversation, what was it about? Where – kitchen, living room, etc. – and what time do you usually converse? What was handed over to you (instructions or duties); and other things that happened that day to start the making of the statement.
From this narrative statement, the important and relevant facts can be extracted that will build up the case. Then comes the importance of the other pieces of evidence, including witnesses.
Statement or presentation of facts and event are mere words. No matter how true it is, once refuted or denied by the accused, it will be your word against the other. Nothing can be proven. Nothing can be established to determine the guilt of the accused. So, the other pieces of evidence and witnesses will come in to support or corroborate the facts. They will help determine who is telling the truth. They will prove without doubt the guilt of the accused. Without these even the prosecutor will dismiss the complaint due to lack of evidence.
These evidence are gathered and compiled in the whole course of your employment. All receipts when you buy something, pieces of paper of your duties, instructions, grocery receipts, etc. If something was given as a gift, try to convince them to have a picture taken with the gift. This is easy now as most people have a cellphone with built-in camera. Try to document even gifts from friends either by taking pictures with your friend, or convince her to write on a card so you can have a remembrance that you can keep. You may send your friend a text message afterwards, thanking her/him of the gift. Don’t delete it. Keep it or print it.
Sometimes when the relationship with your employer is good and you have been with them for a long time, the tendency in doing the above is taken for granted. We have cases of good relationship with employer turning bad after many years of working with them. In one case, the helper was accused of stealing from the employer a present they gave her. A photo of her showing when they gave her the gift helped her explain that it was not stolen from them.
We do not mean here to be overly suspicious. This is just to be on the safe side as much as possible. Treasure a good relationship with honesty and respect.
Furthermore, what we have written here does not only pertain to employer-employee relationship. It is true in all situations, including dealing with recruitment agencies.

Pambibiktima sa mga DH, bunga ng diskriminasyon?

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Tila binabale-wala ng maraming employment agency ang mga batas ng Hong Kong ukol sa pagkuha ng mga dayuhang kasambahay. Ang obserbasyong iyan ay batay sa nagsusulputang mga kaso ng panloloko at pamimiga ng mga ahensiya.
Nitong mga nakalipas na linggo lamang ay ilang uri ng kasong pang-aabuso ng mga ahensiya ang itinawag sa aming pansin ng mga biktimang humihingi ng tulong
Pinakamalaki sa mga ito ang kaso ng Emry’s Employment Agency, ang nagpapasok ng pinakamaraming Pilipinong domestic helper sa Hong Kong, at 30 taon na sa industriya.
Mahigit 500 katao diumano ang naakit ng may-ari ng Emry’s sa alok nitong mga trabaho raw sa Britain at Canada, na ang sahod ay higt  na malaki kaysa sa kasalukuyan nilang suweldo dto.
Bagamat paulit-ulit na nagbababala ang pahayagang ito sa mga kababayan natin upang mag-ingat sila sa mga ganitong alok sa Hong Kong, marami pa rin ang nalilinlang dahil sa kagustuhang kumita ng malaki.
Nababahala kami sa lakas ng loob ng mga ahensiya na manlinlang ng mga aplikante, o di kaya’y manghuthot sa kanila.
Sa katunayan, bago sumambulat ang balita ukol sa Emry’s ay marami nang sumbong ang natanggap namin ukol sa mga ahensiyang naningil ng libu-libong dolyar na bayad sa mga aplikante at kinalaunan ay wala palang maibigay na trabaho sa kanila.
Nariyan ang Vicks Maid Consultancy Services na nag-alok ng mga trabaho sa Shenzhen na hindi naman pala totoo, at ang Excellent Nannies na tulad ng Emry’s ay naningil na ng hanggang $50,000 sa mga aplikanteng pa-Canada ngunit makalipas ang tatlong taon ay naririto pa rin at naghahabol mabawi ang perang ibinayad nila.
Bukod sa mga ahensiyang nalilinlang ng mga aplikante, naririyan din ang mga sumisingil nang labis-labis o di kaya’y tahasang lumalabag sa mga batas ng Hong Kong lalo na yaong ukol sa pagkumpiska ng pasaporte, Hong Kong ID, kontrata, o maging ATM ng mga kasambahay.
Sa mga darating na araw ay ipatutupad na ng Labour Department ng Hong Kong ang binuo nitong Code of Practice for Employment Agencies na magsisilbing gabay sa matuwid na pangangalap ng mga dayuhang katulong.
Hangad ng pamahalaan ng Hong Kong na maging malinis, maayos at naaayon sa batas ang pagkuha ng mga lokal na ahensiya ng mga dayuhang katulong– na ang karamihan ay mula sa Pilipinas - para  maglingkod sa mga tahanan dto habang ang mga mag-asawa ay pumapasok sa opisina o abala sa pagharap sa mga negosyo.
Sensitibo ang Hong Kong pagdating sa mga pangyayaring nakasisira sa larawan ng pangunahing lungsod na ito sa pandaigdigang entablado, lalo na sa pagpapatupad sa batas nito laban sa mga katiwalian sa gobyerno o sa pribadong sektor
Gayundin, sensitibo ang gobyerno sa hinaing ng mga lokal na manggagawa pagdating sa karapatan nila sa tamang pasahod at bilang ng oras ng pagtatrabaho.
Ngunit malaki ang pagkukulang ng gobyerno sa pagpapatupad sa mga batas sa pagtrato o pagprutekta sa mga dayuhang katulong. Ilang ulit nang nangyari ang panloloko o labis-labis na pagsingil ng mga ahensiya sa mga katulong ngunit iilan pa lang ang nakakasuhan sa korte sa mga ito.
Kadalasan ay sa ilang dosenang nagreklamo ay iisang kaso lamang na tila ehemplo ang lilitisin ng hukuman at hahatulang nagkasala ang isang tiwaling ahensiya. Ngunit pagmumultahin lamang ng ilang libong dolyar ito at aalisan ng lisensiya.
Kung ang panloloko sa ibang negosyo ay itinuturing ng gobyerno na isang aksyong kriminal at pinarurusahan ng mabigat, bakit hindi nito gawing kriminal ang panloloko ng mga ahensiya sa mga dayuhang katulong?
Kung ang isang dayuhang katulong na pinagbintangan ng amo na nagnakaw ng lumang damit o pekeng alahas ay nakukulong, bakit ang mga may-ari ng isang ahensiyang nagkamal ng milyun-milyong dolyar dahil sa panlilinlang o panghuhuthot sa mga katulong ay tampal sa kamay lamang ang pataw na parusa
Hindi ba malinaw na may diskriminasyon?

ANNOUNCEMENTS

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The Philippine Consulate General will be CLOSED on Aug 29, Monday – National Heroes’ Day.
There will be no official transactions, including OEC issuance, at both the PCG and POLO on both dates.
In case of emergency, call: 9155 4023 (consular assistance); 5529 1880 (POLO) or 6345 9324 (OWWA)

 Attention: Filipina Registered Nurses
Are you a Registered Nurse working as a domestic helper in Hong Kong who cares for elderly and/or patients with dementia?
If so, please send a private message to the FB page, Philippine Nurses in Hong Kong, giving the following details:
1. Complete Name
2. E-mail Address
3. Patient Category: (Elderly and/or with Dementia)
4. Mobile Number
Free Mock-up Examination for all BSN graduates
July 17, 3pm,
16th floor, Admiralty Centre Tower 1 (POLO office)
Co-organizers: FNA HK and Core Group of Philippine Nurses in HK. (Results will be used as part of preparations for the June 2017 NLE

LET in September
The Board Licensure Examination for Professional Teachers (BLEPT, formerly LET) will be held in Hong Kong on Sept, 25, Sunday. All interested applicants should visit the PRC website at http://www.prc.gov.ph to apply through "online application system: http://www.prc.gov.ph/online/application/apply.
Deadline for submission of online applications:
July 22 for Repeaters
July 29 for New Applicants
Submit documents to: Philippine Overseas Labor Office, 11th floor, Admiralty Tower 1, Admiralty
For the requirements and other details, visit the FB page of the National Organization of Professional Teachers (NOPT) – HK Chapter, like it and send a private message

The SUN Calendar

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 Ma-Art-Eh Exhibit
(showcasing art works of from the Ma-Art-Eh workshops for OFWs) July15-20, Philippine Consulate General
Opening Reception: July 17 (Sunday), 4-5pm
Open to the public

AlDub’s 1st Anniversary and 12th Meet-up
July 17, 8am – 5pm, Repulse Bay Beach
Organizer: Official AlDub HK
Contact: Dhezi Andres

Financial Literacy Seminar
July 24, 9am-5pm. Bayanihan Centre, Kennedy Town
Organizer: CARD OFW HK Foundation
To book your place, call: 5423 8196 or 9529 6392

Maternity Protection Workshop
July 24, 4-6pm, PCG Conference Room
Organizer: Pathfinders
The workshop is meant to increase health awareness and maternity rights for foreign domestic workers in Hong Kong. Details, contact Carmen Lam at 5621 8239, or email carmen@pathfinders.org.hk

Aliwan Festival
Aug. 21, whole day, Chater Road, Central
Organized by: Global Alliance. Features: Street dance and singing contests and search for Miss Aliwan 2016

Making Wrongs Right Seminar
(Know your rights in HK)
Aug. 28, 2pm-5pm, Resurrection Church Sai Kung
1 Pak Sha Wan Centre, HK
Target audience: migrant workers, NGOs, clergy
Co-organizers: Resurrection Church and Global Alliance

Free Training on Dementia Care
July 31, 9am-5pm. POLO, 16th floor, Admiralty Centre Tower 1
Priority are registered nurses/BSN graduates with elderly and dementia care duties, and, secondly, registered nurses/BSN graduates without elderly and dementia care duties. If interested please register at the FB page, Philippine Nurses in Hong Kong by liking it and messaging your full name, mobile phone, and whether you are a registered nurse or BSN graduate. A Certificate will be issued by the Hong Kong Jockey Club Center for Positive Ageing, which will handle the training.

General Assembly of Midwives in Hong Kong
Aug 7, PAOS Room, Philippine Overseas Labor Office
Guest Speaker: Dr. Michael Manio
For details, visit the FB page, Philippine Midwives in Hong Kong and send a private message indicating your name, telephone number, and desire to join the assembly

Forum on Nuat Thai Therapeutic Massage
Aug 14, time and venue TBA. Open to all Filipino massage therapists and massage therapy students of OWWA.  Resource speaker will be Engr. Kenneth Carredo, owner of Nuat Thai Philippines, the biggest chain of massage spas in the country.  Send your name and the name of your training organization or school to Ms. Bona Crescencia, tel. 51889157. Limited to 200 attendees.

Free Forum for Nurses
Oct. 9, Bayanihan Centre, Kennedy Town
Speakers from Australia and New Zealand, and agencies deploying to Germany and Qatar are coming to orient registered nurses about the working conditions in those markets. For full details, visit the FB page, Philippine Nurses in Hong Kong. Like it, and message your full name and mobile number.


Covers the period July 15-31

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UNGGOY. Isinilang noong 1920/32/44/56/68/80/92
Tataas ang tiwala sa iyong kakayahan at madadagdagan ang responsibilidad mo. Mayroong hindi matutuwa dito, pero wala ring magagawa. Mag-ingat sa sport na sinasalihan o sa pagmamaneho. Huwag hayaang mahadlangan ng mga dating paniniwala, labanan ito! May masasaktan sa pamilya sa pagsasabi mo ng totoong nararamdaman, pero makakatulong din ito upang malinawan ang sitwasyon. Lucky numbers: 3,19,27 at 42.
44.
TANDANG Isinilang noong 1921/33/45/57/69/81/93
Magbabago ang kalagayan sa pera dahil kikita ka sa ilang transaksyong papasukan. Kung may karelasyon, ito ang tamang panahon upang pag-isipan at pag-usapang mabuti ang inyong relasyon at saan patutungo ito. Kung sakaling kailanganing gumawa ng mabilis na desisyon, magpakita ng kabaitan at pagiging patas. Iwasan ang maingay at matataong lugar upang makaiwas sa pananakit ng ulo. Lucky numbers: 11,16,28 at 45.

ASO. Isinilang noong 1922/34/46/58/70/82/94
Mahaharap sa maraming pagsubok, pero ituloy mo lang ang iyong pagsisikap. Ang ambisyon ay unti-unting matutupad, at mabibigyan ng pansin ang iyong pinaghirapan. Sa kabila ng pagkakalayo sa minamahal, ramdam mo pa rin na hindi pa huli ang lahat. Sundin mo ang iyong intuisyon, dahil madalas ay tama ito. Handang tumulong ang malalapit sa iyo, kung kailangan mo ito. Lucky numbers: 5,18,21 at 37.
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BABOY. Isinilang noong 1923/35/47/59/71/83/95
Madali kang makibagay kahit saan ka makarating at madali mong matututuhan ang mga mahahalagang bagay. Maayos ang kalusugan at babalik ang sigla pagkatapos ng panahon ng pagmumukmok at kawalan ng pag-asa. Huwag basta tumiklop kapag nasaling ang iyong pride; at bawasan ang pagiging maramdamin. Maaasahan ka lagi ng iyong pamilya para ayusin ang mga problema. Lucky numbers: 14,20,31 at 41.

DAGA. Isinilang noong 1924/36/48/60/72/84/96
Lalawak ang pananaw dahil na rin sa iba’t ibang uri ng taong nakakasalamuha at nagiging kaibigan. Huwag dibdibin ang mga bagay- bagay, dumistansya ka muna upang mas makitang mabuti ang lahat, at maayos din ito. Pakinggan ang sinasabi ng puso, kung ang dinadalang problema ay tila mahirap lutasin. Mahal mo ang iyong mga kaibigan, pero may isa na makakaaway mo. Subukang maayos ang gusot bago pa maapektuhan ang iba mong kakilala. Lucky numbers: 19,34,37 at 40.
 39.
BAKA. Isinilang noong 1925/37/49/61/73/85/97
Makakaasa sa pagiging prangka at pagsasabi ng tapat ng mga kaibigan. Kailangang tanggapin na hindi lahat ng pagpili at ipinaglaban mo ay tama. Malaki ang tsansa na makuha ang inaasam na promotion dahil sa pagiging malikhain at masigasig sa trabaho. Magiging maingat ka sa paghawak ng pera ngayon, huwag bumili ng mga bagay na magagamit, kundi sa mga bagay lang na kailangan. Lucky numbers: 5,17,29 at 35.
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TIGRE Isinilang noong 1926/38/50/62/74/86 at 98
Makakatulong ang payo ng mga kaibigan mo. Gaganda ang kalagayan sa trabaho pero kailangang mag-ingat sa mga kasamahan. Pera ang magiging dahilan ng away sa malalapit sa iyo, mag-ingat. Todo-todo ka kung magmahal. Kung sakaling magkaproblema, huwag sarilinin ito dahil walang makakatulong sa iyo kung hindi ka magsasalita. Lucky numbers: 11,22,28 at 39.

 KUNEHO Isinilang noong 1927/39/51/63/75/87
Magsisipag ka ng husto ngayon upang matupad ang iyong hinahangad na pag-asenso. Walang makakahadlang sa iyong pagsisikap at tiyaga kaya tiyak na magtatagumpay ka, pero mag-ingat sa mga taong maiinggit sa iyo. Mag-ingat sa paggastos dahil mahaharap ka sa problema sa pera. Huwag gaanong isipin ang problema sa love life dahil maaayos din ito nang ayon sa kagustuhan mo. Lucky numbers: 13,15,26 at 43.

 DRAGON Isinilang noong 1928/40/52/64/76/88
Mag-ingat sa mga problemang darating. Iwasan ang labis na pagkain at bantayan ang kalusugan na naaapektuhan ng dahil sa pag-aalala sa mga tanong na ipinupukol ng pamilya mo. Bigyan ng oras ang sarili na pag-isipan nang husto ang problema at makaiwas sa gulo. Masaya naman ang love life, pero huwag namang ikaw lang ang laging nagbibigay. Lucky numbers: 20,21,25 at 33.

AHAS Isinilang noong 1929/41/53/65/77/89
Tama ang gagawing desisyon na batay sa intuisyon at praktikal na paraan. Huwag panghinaan ng loob sa gitna ng problema dahil kusa rin itong maayos. Maganda ang pagsasama, lalo na kung paiiralin ang kalmadong pananalita at magpapakita ng atensyon. Bantayan ang mga anak. Maglaan ng oras sa regular na ehersisyo upang gumaan ang pakiramdam. Lucky numbers: 16,18,29 at 36.

KABAYO. Isinilang noong 1930/42/54/66/78/90
Gumawa ng paraan upang mas maging palakaibigan at mailabas ang tunay na nararamdaman dahil ito ang inaasahan sa iyo. Maganda ang lagay ng kalusugan at pag-iisip, kaya kung gusto mong maglambing; huwag nang lumayo pa para humanap ng kaligayahan dahil nasa tahanan mo lang ito. Maging mahinahon sa pagpuna sa lahat ng tao at bagay. Iwasang magyabang o magpasikat dahil baka makasama ito sa iyo at layuan ka ng mga kaibigan. Lucky numbers: 6,7,13 at 41.

KAMBING. Isinilang noong 1919/31/43/55/67/79 at 91
Magbabalik-tanaw ka sa nakalipas na romansa at relasyon. Huwag nang buhayin pa ang patay nang pag-ibig dahil babalik lang ang masakit na mga alaala. Sa trabaho, iwasang makipag-away sa mga kasamahan. Kailangan mong magtipid ng husto. May lalapit uli sa iyo upang humingi ng tulong. Huwag umasa na tatanawin ito na utang na loob, pero hindi ito dahilan upang maging matigas ang puso mo. Lucky numbers: 12,19,35 at 46.

Unifil-Migrante marks 35th year with hopes for change

Posted on 18 July 2016 No comments
A group from Pangasinan enlivens a wet and bleak day with the "Sayaw sa Bangko".
By Vir B. Lumicao

United Filipinos in Hong Kong (Unifil-Migrante) has urged President Rodrigo Duterte to immediately include issues raised by overseas Filipino workers in his reform program.
The call came during the umbrella group's 35th anniversary celebration on Chater Road on July 3, dubbed "Pagbabago".
Shouting “Sigaw ng OFW, Pagbabago!”, speakers said now is the time for overseas Filipino workers to press the government on their demands.
These include the abolition of the overseas employment certificate, a halt to the “tanim-bala” scam in the Manila airport, and making membership in Pag-IBIG, SSS, and OWWA voluntary.
Unifil-Migrante also demanded a cut in the passport fee, which now costs $480 for a new one and $1,200 for a replacement.
Heavy rain for dampened the celebration. Many of those who had planned to attend sought shelter instead in nearby malls and buildings, while the emcees tried to keep dry A statement from Unfil which was distributed during the gathering said: “Tumatanaw tayo ng panahong ang gobyerno ay makinig at tumugon sa ating hinaing. Ito na ang inaasahan natin sa gobyerno ni Duterte."
The celebrations began with a holy mass officiated by Fr Dwight dela Torre, who in his homily enumerated the accomplishments of Unifil-Migrante in its fight for migrant workers’ rights.
Migrante Partylist HK chairwoman Vicky Casia-Cabantac recalled Unifil's struggle to defend the rights of OFWs in Hong Kong, even under the regime of forced remittance by the Marcos administration.
“Hindi tumigil ang Unifil sa pakikipaglaban para sa mga karapatan ng mga migrante sa Hong Kong, maging ang mga pamilya sa Pilipinas,” Cabantac said.
She  added that the umbrella group has already achieved many victories over the past 35 years. “Ang mahalaga, nandito na ang malaking pagbabago. Magbubunga na ang pakikibaka ng United Filipinos-Migrante Hong Kong,” she said.
In a farewell dig at the previous administration of Benigno S. Aquino III, Cabantac added: "At last may pag-asa na tayo dahil sa nakaraang anim na taon, binale-walaa tayo, anim na taon na walang proteksiyon, puro koleksiyon ang inabot nating mga OFW."
As the rain poured, leaders of the group including chairperson Dolores Balladores huddled with supporters under tarpaulin tents set up to shield the sound system.
When the rain finally stopped at mid-afternoon, the stage came alive with the presentation of native songs and dances from various regions of the country.
Opening the segment was the Methodist international Church Filipino Christian Community group which sang "Dalagang Pilipina" to the accompaniment of the angklo, a set of percussion instruments made of bamboo stems.
Also among the performers was the Panay Overseas Workers Association which danced Dinagyang.

Emry’s new DH recruits in limbo

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By Daisy CL Mandap


Caught in the aftermath of the recruitment scandal involving the biggest placement agency for Filipino domestic workers in Hong Kong are an unknown number of its clients whose papers are still under process.
Records at the Philippine Overseas Labor Office show that the 30-year-old Emry's Service Staff Employment Agency had deployed a total of 1,467 Filipino workers to Hong Kong last year, or an average of about five a day.
By June 20 this year, when Polo put all its contracts on hold because of complaints that it was illegally recruiting Filipinos to work in third countries, Emry's had already processed 771 contracts.
The unravelling came after dozens of Filipino workers sought Polo's help, accusing Emry's owner Ester Ylagan of recruiting them for non-existent jobs in Britain and Canada.
As soon as the scandal hit the headlines, several job applicants took to social media to express concern.
The worry grew when Polo suspended Emry's contract processing, and mounted further when Labor Attache Jalilo de la Torre recommended on July 6 that the Philippine Overseas Employment Administration (POEA) cancel the agency's accreditation.
Emry's, being a Hong Kong-based recruitment company, is licensed by the Employment Agencies Administration of the HK Labour Department.
Among those who posted their concerns on The SUN's Facebook page was a domestic worker who said her niece was still waiting for her medical clearance in the Philippines, one month after her employer paid the agency fee. Her niece's documents were yet to be submitted to Polo.
Another said she submitted her niece's papers to Polo on May 29, but was concerned they would not be processed because of the case.
At least two others said their relatives in the Philippines were undergoing training and were just waiting for their visas to be released by HK Immigration. Their worry was how the visas would get to them if Emry's was already closed.
Still another said she was anxious to pay the $1,500 that Emry's charged her, on top of the $7,500 charged her employer. She couldn't believe it when told that all she needed to pay under Hong Kong law was $410, or 10% of her first monthly salary.
Amid these concerns, Labor Attache Jalilo de la Torre gave assurance that all contracts submitted by Emry's to his office for processing had already been released.
"There are no more pending contracts of Emry's with us," he said.
As for those which were not submitted to Polo as of June 20, he said they remained "on hold".
This means that employers who had already paid the agency fee could try to get their money back from Emry's and look for another accredited agency to complete the process.
For the third category of workers, or those who are just waiting for their employment visas, Labatt de la Torre suggested that they still try to contact Emry's for updates.
"There's one female staff of Emry's who still goes to Immigration and coordinates things there," he said.
A fourth category would be those who already have their visas and are just waiting to fly to Hong Kong and assume their jobs. These are the ones who could fall into the cracks, with no agency to run to in case of trouble, or simply pick them up at the airport and guide them through the intricacies of working in Hong Kong.
Meanwhile, Emry's status also remains uncertain, while the POEA, the HK Labour Department and the HK Police, decide on its fate.

OFWs warned on libelous FB posts, pyramids, other issues

Posted on 17 July 2016 No comments
Deputy Consul General Kit de Jesus (center), himself a lawyer, joins the visiting legal experts in a group picture at the end of the UBP3 forum at the Consulate on July 3.



By Vir B. Lumicao

Beware of what you post, like or comment on Facebook and other social media that tend to discredit or cause dishonor or contempt of a person, or tarnish the memory of the dead, as you could be liable for libel.
This warning came a group of lawyers from the Integrated Bar of the Philippines Bulacan Chapter who spoke on July 3 at the “Idulog Mo sa IBP3” legal forum at the Consulate’s conference hall.
The lawyers dealt with legal issues commonly affecting overseas Filipino workers, such as annulment, cybercrime, pyramid scams, and debt.
One of them, Tricia Santos, focused on online libel because, she said, OFWs communicated mainly on Facebook and mobile phones, two forms of media through which they can easily get in touch with or bash people
She stressed that libel, as defined under Article 353 of the Revised Penal Code of the Philippines, “is a public and malicious imputation of a crime, a vice or defect, real or imaginary, or any act … that tends to discredit or cause dishonor or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
She said there are many libelous posts made on Facebook, as people might be thinking that they can say anything there because it’s very accessible
“Doon pa lang makikita mo na ang hangarin. Public and malicious. Kung ang hangarin mo ay manira, medyo malundo ang tayo ninyo,” she said.
The lawyer said that even though the Cybercrime Prevention Act has not yet been implemented in the Philippines because of a temporary restraining order against it, there are recourses for victims of libel under the Revised Penal Code.
She advised them to preserve online evidence such as posts, emails and pictures and give these to a lawyer who can file a case against the culprit
Defamatory posts on Facebook, even if true, are presumed malicious if no good intention and justifiable motive for making them are shown, Santos said.
“Sa mata ng batas, hindi porke totoo ang sinabi nyo ay ibig sabihin ligtas na kayo,” she said.
She added that even people who like, comment on, and share libelous posts can be held liable.
Another speaker, Jennifer Santos, said that in the two-day consultation by OFWs with the IBP lawyers, the no. 1 topic again was marriage annulment.
“Ang unang subject po natin ay patok na patok nga raw, kasi yung pinagkonsultahan nila, about 80% ng tinatanong ay tungkol diyan, ang paghihiwalay, problema sa asawa,”she said.
In all, 147 OFWs consulted the IBP team on the issue.
Citing statistics, Santos said that in 2014, “one out of five sa mga kasal ay nagpa-file ng annulment. Araw-araw daw, 28 na tao ang nagpa-file ng annulment sa ating bansa. Na ang ibig sabihin ay marami ang hindi masaya sa kanilang pagsasama”.
Santos discussed the ways by which marriages could be terminated, such as through a declaration of presumptive death; annulment; declaration of nullity; and divorce by foreign judgment.
Pyramid scams was also a favorite topic during the consultations, said another speaker, Robert Cruz.
“Sa consultation kaninang umaga, pangalawa sa hottest topic saconsultation ang pyramid scam,” he said. This was apparently due to the recent losses suffered by many OFWs in Hong Kong who invested in the Emgoldex scam.
Cruz explained that the pyramid scam is today’s version of the Ponzi scheme started by Boston scoundrel Carl Ponzi in 1919. The only difference was that Ponzi had total control of the money flow while in pyramids, money moved layer by layer
He said pyramids are scams whereby people are lured to join a program by paying a membership fee, or by buying products or services from another person who convinces them to recruit other people in order that their investments earn and grow fast.
Cruz the signs of a pyramid scam are: 1) no product is sold and if there is, it’s too expensive; 2) promises of big earnings in a short period; 3) promises that you will earn even as you lie idle; 4) there are no documents to show, such as financial reports; 5) investors need to pay a huge fee; and 6) the necessity of recruiting new members
The lawyer said that to avoid becoming a victim, check whether the company is a registered corporation with the Securities and Exchange Commission of Department of Trade. People also need to look at its papers, track record and which product it is selling.
Then, one should check the company's financial statement to see whether their operation is making really money
“Huwag kayong magpadalus-dalos sa pagsali sa mga ganyang operasyon,” he advised
The topic on debt was discussed by Roberto Ultado Jr, whose advice to loan borrowers was to pay attention to the terms and conditions of the loan agreement.
Ultado said debt is a contract between two individuals. “Bago pumasok sa pautang ay nagkakasundo ang dalawang tao sa mga dapat sundin tungkol sa utang,” he said
Thus it is important to have a contract of loan in which the terms and conditions lay down what both parties should follow, the lawyer said.
In the Philippines, for example, lenders can’t charge fees that are not stated in the contract of loan. Banks are also required to show the borrower all fees that he will have to pay. In addition, the mode and schedule of payment should be stated on the contract of loans.
“Doon sa obligasyon mong magbayad, kung paano mo babayaran ang inutang mo ay dapat nakalagay doon sa kontrata ng utang mo,” Ultado said.
In case the borrower defaults, the loan becomes due and collectible and the lender will charge additional fees and compute the interest based on the contract of loan.
The lender can sue for repayment, but since this entails more costs, the lender often resorts to collection agents who harass the borrower to force him to pay up.
To avoid pesky collection agents, pay your debt, Ultado said.
But his foremost advice is: “Do not borrow if you know you won’t be able to repay your debt.”

Ex-DH jailed 14 months for aborting, dumping baby

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State Theatre in North Point, where Maribel David stayed in a friend's room in the weeks before aborting her baby.

By Vir B. Lumicao

Former domestic worker Maribel H. David was jailed for 14 months on July 13 for aborting her eight-month-old baby and dumping it in a rubbish bin in North Point last January.
District Court Judge Timothy Harry Casewell also imposed a concurrent two-month jail term on the 37-year-old Filipina for overstaying in Hong Kong for about a year and a half.
David had earlier pleaded guilty to breaching her condition of stay, administering a poison to procure her own miscarriage, and preventing the lawful burial of a body.
Casewell said that in a case of administering a poison with intent to procure miscarriage, it was the pharmacist who sold the drug without a doctor’s prescription who should have received the stiffer sentence.
“The defendant wouldn’t have been in a position terminate the pregnancy on her own had she not been sold the drug without a doctor’s prescription,” then judge said.
He also noted that David was forced to overstay after being unable to find a job within 14 days after the termination of her contract so she could continue supporting her two young children.
The judge also took into account the defense lawyer’s plea that David needed to go back to her children, now aged 11 and 13, as they needed her support. The children are now in the care of their maternal grandmother
Casewell also cited the defendant’s act of calling the police herself and asking to be taken to hospital hours after the abortion, and telling them all the circumstances of the case and admitting all the offenses.
The Filipina was arrested by police in hospital on Jan 7 this year, a day after officers took her bleeding to Pamela Youde Nethersole Hospital in Chai Wan.
There she admitted terminating her pregnancy two days earlier by taking 12 Cytotec pills, then putting the baby in a plastic bag which she then dumped in rubbish bin near City Garden Hotel in North Point.
She also told police the baby's father was her Filipino boyfriend.


Hearing of another maid’s infanticide charge reset to Sept
 A Filipina maid who allegedly dumped the body of her newborn in a toilet bowl in a Sham Tseng commercial center in April briefly appeared in Tsuen Wan Court on July 7.
Aileen Grado, 37, did not make any plea and she was ordered remanded in custody by magistrate Cheang Kei-hong.
The prosecutor applied for an adjournment until Sept. 1 pending a medical report.
Grado is facing a charge of infanticide.
She allegedly delivered the baby boy at a nearby estate, wrapped it in layers of tissue paper and cloth, and put it in a bag, then took it to the ladies’ toilet in the commercial center.
A female worker in the mall found the wrapped body under the water closet when she investigated the source of a foul smell in the toilet on April 4. Grado was arrested in Central a week later after her former employer tipped off the police about the maid confessing she was pregnant and resigning.

OEC summer crowd builds up in Admiralty

Posted on 13 July 2016 No comments
by Vir B. Lumicao

Queues for the overseas employment certificate are again getting longer in Admiralty as thousands of OFWs are set to go home to take advantage of their employers going abroad for their summer break.
About 1,400 applicants queued up at three OEC issuance sites in Admiralty and Central on July 3, and the number peaked to 2,000 in the next weekend.
To manage the crowd better on July 9, some of the OEC applicants were diverted to the 11th floor POLO office. Labor Attache Jalilo de la Torre personally led his staff in attending to the crowd. The same arrangement was carried out the next day, a Sunday.
The number is expected to continue to rise until next month, when more employers go away for vacation.
The spike in demand prompted Labatt de la Torre to urge applicants to secure the all-important document at satellite distribution centers.
“Because of building security restrictions at Admiralty Centre, we are urging our OFWs needing OECs to go to Metrobank branch at the United Centre 2nd floor or at PNB Remittance Center in Worldwide House, Central,” De la Torre said in a post on his Facebook page 
Hong Kong schools started their summer break on July 12, although those with the English Schools Foundation closed as early as June 24 
Assistant Labor Attache Henry Tianero said a large crowd of about 700 also lined up on Tuesday, July 5, prompting POLO to limit the number of applicants on the 16th floor to 100 at a time 
“We asked the excess people to go down to the footbridge and wait for their turn to come up so that there would be no overcrowding on the 16th floor,” he said. 
He explained that the police do not want overcrowding in the 16th floor offices.
Most of the applicants on July 3 were scheduled to go home for a vacation on June 20, said Tianero.
The lines were longer on the Admiralty footbridge as both OEC applicants and workers renewing contracts or had other transactions at POLO competed for space with other OFWs gathered there for their Sunday rest, as well as "Pakistani vendors.
A woman who was 200th on the queue had her 5-year-old male ward in tow.
"Nagpaalam lang ako sa amo ko kasi hindi ko day off ngayon,” she said, adding that she joined the line at around 10am.  
Further down the line, The SUN asked three female workers why they didn’t apply online for the OEC online, to which they replied, “Ano iyon?”
The online application is being pushed by POLO to further disperse the crowd on the footbridge, with not much success.

UN tribunal rejects China’s claim over disputed islands

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Filipinos rejoiced but their government called for restraint after the United Nations Arbitral Tribunal which ruled that the disputed islands on the South China Sea (West Philippine Sea) belong to the Philippines. China, however, refused to recognize the decision.
The Hague-based tribunal released the decision on July 12 three years after the Philippines filed the case. China did not participate in the hearings as it refused to recognize jurisdiction of an court and insisted on resolving the territorial dispute through direct talks with the Philippine government.
China claims almost all of the South China Sea, including reefs and islands also claimed by neighboring countries like Brunei, Indonesia, Malaysia, Taiwan and Vietnam. The Permanent Court of Arbitration said there was no evidence that China had historically exercised exclusive control over the waters or resources.
The PCA is an arbitration tribunal under the United Nations Convention on the Law of the Sea (UNCLOS), which both the Philippines and China have signed and recognized.
The decision was a rebuke of China’s aggressive position on the disputed islands such as building concrete structures on the islands while asserting its ownership of the territory.
The Philippines under then President Benigno Aquino III elevated the case to the UN body in January 2013, said to be the first time for the Chinese government to have been summoned before an international justice system.
The tribunal rejected China’s argument that it enjoys historic rights over most of the South China Sea, a vast expanse rich in fish as well as other natural resources, including oil and gas. It said: “The tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash-line’.”
Further, it said: “Having found that none of the features claimed by China was capable of generating an exclusive economic zone, the tribunal found that it could—without delineating a boundary— declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China.”
The tribunal also said that China violated international law by causing “irreparable harm” to the marine environment, endangering Philippine ships and interfering with Philippine fishing and oil exploration.
It is not clear how the Philippines can immediately enforce the ruling, and how it will affect its relations with China. Experts said it could force Manila and Beijing back to the negotiating table — or prompt other countries to take similar legal action.
Foreign Secretary Perfecto Yasay hailed the ruling as a “milestone decision” and said the government’s experts were studying it. “In the meantime, we call on all those concerned to exercise restraint and sobriety,” he said.
China’s Foreign Ministry denounced the ruling. China “solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognizes it,” the ministry said in a statement.
It added that Manila’s “unilateral initiation of arbitration” manifested “bad faith,” and it called the tribunal “unjust and unlawful.”

Emry’s 2 offices shut as Labour, police step in

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A police notice posted on the door of Emry's Employment Agency in Room 802, On Hong Commercial Bldg in Wanchai, indicates that the Hong Kong police are investigating.

Offices used by Emry’s Service Staff Employment Agency have been closed “for redecoration” as Hong Kong’s Labour and Police departments begin investigating a possible scam on hundreds of Filipino job applicants for Britain and Canada. 
The closures came after the Consulate’s assistance to nationals section had endorsed to both agencies the first batch of complaints against Emry's owner, Ester Ylagan.
Using her other company, Mike's Secretarial Service, Ylagan allegedly enticed Filipino job applicants to pay $10,000 for jobs in Britain, and $15,000 for those in Canada.
She did not issue receipts or show job-related documents.
Following the referral from the Consulate, Labour officers began contacting those who filed complaints against Ylagan and her two companies, which used to occupy adjacent offices in World Wide Plaza in Central.
Emry's abruptly shut down its World Wide  office on June 30, and said it was "relocating" to its extension office in Wanchai. Mike's was kept open except on weekends, before it, too, was closed down for "renovation" on July 12.
On the same day, The SUN visited Emry's office on the eighth floor of On Hong Commercial Bldg on Hennessy Road, Wanchai, and found it padlocked.
A notice taped on the door read: “To our valued clients: Please be informed that we are closed from July 12 to 25, 2016 for redecoration. Office will resume on July 26, 2016. Apology for any inconvenience caused. The management, Emry’s Employment Agency.”  
Next to this was a notice from the Central Police Station stating “Report No. CRN 16036631, Case Officer D178 cd 157, Telephone 28599288.”
On Sunday, four of the complainants contacted by Labour told Labatt De la Torre they would not be able to attend the interview because their day off falls on  a Sunday and the scheduled meeting was on a weekday 
The labor attaché told them if they won’t go the Labour officers might just junk their complaint and they won’t be able to recover their money. 
Two of the complainants reconsidered, and said they would talk to the officers. One of them is scheduled to report to the Labour Department in Mongkok on July 21.
“Makikipagtulungan po kami.para matapos na, kawawa rin po kami kasi. Mga hiniram lang namin po yung pera,” said the other complainant.
Others are determined to go.  One said she already had her employer's permission, but is worried because her interview is scheduled in October yet.
" Tumawag ako para tsnungin kung pwede akong ma-interview ng mas maaga pero sabi ng officer hindi puwede kasi ang dami pang iinterbyuhin muna. Natatakot lang kasi ako na baka mahirapan na kaming maghabol kasi ang tagal ng imbestigasyoh", she said. - The SUN staff 

Labour Dept acts on complaints vs. Emry’s

Posted on 11 July 2016 No comments
Labour Department officers have begun contacting Filipina domestic workers who have filed complaints against Emry’s Employment Agency for charging them up to $15,000 for non-existent jobs in Britain and Canada.
Four of the complainants, who went to the Philippine Overseas Labor Office on July 10, told Labor Attache Jalilo de la Torre that they had been told to report to the Labour Department office in Mongkok for interview regarding the case.
The four said they were concerned because the dates indicated fall on a weekday while their day off was Sunday
The labor attaché advised them to take leave from work on the appointed day, but they said their employers would certainly not allow them to do so. Besides, they said they feared getting sacked once their employers learned they were applying to work in another country.
They said all they wanted was to get their money back from Emry's owner Ester Ylagan.
Labatt de la Torre told them the only way they could get their money back was to attend the investigation and act as witnesses against Emry's.
"Gusto ba ninyong mabawi ang pera ninyo? Well, ipagdasal ninyong meron sa mga kasama ninyong nag-apply ang pupunta sa Labour para tumestigo," said Labatt de la Torre.
Luckily, at least two complainants have told The SUN that they are free and willing to testify.  They said they would go to Polo to inform Labatt de la Torre of their availability. They will also try to get more complainants to agree to show up for the investigation so the case against Emry's could proceed.
Separately, the Consulate has endorsed the case to the HK Police for a possible criminal prosecution. 
Since July 1, Ylagan has allegedly become scarce and no longer responding to phone calls and text inquiries from applicants.
The SUN also tried to contact her by phone but she did not pick up, nor did she reply to a set of emailed questions sent to her on June 23, shortly after Polo suspended the processing of all work contracts from Emry's.
Polo ordered Ylagan to appear personally on July 6 to give her side in the case, but she did not show up.  As a result, Labatt de la Torre endorsed the cancellation of Emry's accreditation with the Philippine Overseas Employment Administration.
On July 10, applicants who flocked to the World-Wide Plaza office of Mike’s Secretarial Service where Ylagan processed the applicants were disappointed to see the office was closed. A notice taped on its door read: “We are close for redecoration. Office will resume on Monday.
Up to 500 Filipinos were reportedly offered jobs by Ylagan in Britain for a fee of $10,000 and in Canada, for $15,000 each. No receipts were issued, and Ylagan reportedly told the applicants 
this was because she would be taxed by the Hong Kong government for the money that she had already sent to her partner in London for the necessary clearances.
Ylagan reportedly promised an initial deployment in June, but subsequently moved this to October, ostensibly because the quota of 1,000 that was given her was yet to be filled. She reportedly asked some of her trusted recruits to entice more people to apply so the quota could be filled, and they could all fly out.
Among promises she reportedly made to sweeten the deal was that the applicants would be escorted out of Hong Kong by immigration authorities, and they would all fly out together on a chartered plane.


Labor attache calls for halt on beauty contests

Posted on 09 July 2016 No comments
"Do we really need beauty contests in our Filipino community in Hong Kong?
This was the thought-provoking question posted recently by Labor Attache Jalilo de la Torre on his Facebook account.
Labatt de la Torre went public with his view a few days after attending the 18th anniversary celebration of Bangar Association of Hong Kong on July 3, during which he evidently got irritated by the parade of skimpily clad beauty contestants.
In his speech, Labatt de la Torre said beauty contests should be held decently, "without the men ogling and salivating", and without "degrading the image of Filipino women".
He said Filipino community organizations should be discouraged from organizing such contests, and that at the very least, those who hold them should not allow contestants to splurge on costumes.
On FB, he asked more scathing questions: "Do we need to show flesh to entertain?," he asked. "Do we want our OFWs to ruin their budgets in order to win in beauty contests? ".  "Are there no alternative means of raising funds for an organization?" 
"Do we need to degrade the image of Filipinas in Hong Kong?"
His FB post drew mixed reactions from community leaders, who, however, mostly agreed that it could take time before OFW organizations are weaned away from the practice
One of those who gave wholehearted support for Labatt's call was Bishop
Gerry Vallo of Jesus the Living God church, who said it was "time to redeem Filipinas' integrity."
Bishop Vallo said there were a lot of ways to meet an organization's needs than to resort to holding beauty contests to raise funds.
But one organizer said beauty contests are "part of our culture" and may not probably be stopped. Blanche Abasa also said she has seen how joining such a contest has boosted an OFW's self-confidence. However, she is open to suggestions on alternative activities that could provide the same benefits to OFWs.
Bangar president Marites Nuval also took Labatt de la Torre's suggestion in a positive light. While she has not given up on her plan to hold another beauty contest two years from now, she said she will make sure this one will be more wholesome, and that there there will be "no more daring production numbers"
Leo Selomenio, chair of the umbrella group, Global Alliance, to which Bangar is affiliated, is also not sold on the idea of giving up beauty pageants. She said such contests help promote Philippine culture and could uplift, instead of degrade, women, if they are made to wear wholesome outfits. like Filipiniana or festival costumes.
Standing firmly behind de la Torre's call is The SUN, which has made it a policy for years not to give publicity to beauty contests. 
"This was after we documented cases of OFWs getting mired in debt, either because they were contestants or organizers. We have also seen many such contests being used as a mere excuse for showing off flesh or flaunting gowns paid for with hard-earned money," said The SUN editor Daisy CL Mandap.
"If the excuse is it gives the contestant good feelings, I personally feel learning new skills or helping fellow OFWs in need should be far more uplifting". -  with a report from Marites Palma

Duped job applicants to UK, Canada, turn to Consulate officials for help

Posted on 08 July 2016 No comments
Labor Attache listens to the applicants' woes
More than 50 overseas Filipino workers flocked to the Philippine Overseas Labor Office (POLO) on Sunday, July 3, to seek help after losing contact with veteran jobs recruiter Ester Ylagan who lured them to apparently non-existent jobs in Britain and Canada.
The applicants said they paid $10,000 for the promised jobs in Britain, and $15,000 for those offered in Canada. No receipt was issued to any of them.
Labor Attache Jalilo de la Torre received the complainants, then drafted affidavits which were then forwarded to the assistance to nationals section for authentication.
Vice Consul Fatima Quintin who notarized the initial batch of affidavits, said the complaint would be forwarded to the Employment Agencies Administration of the Hong Kong Labour Department for possible prosecution.
The case could also be referred to the police if fraud could be established based on the affidavits.
Meanwhile, Labatt de la Torre has recommended to the Philippine Overseas Employment Administration in Manila the revocation of the accreditation extended to Ylagan's Emry's Employment Agency, the biggest supplier of OFWs in Hong Kong
This was after Ylagan failed to show up at a meeting called by Polo on July 6, in a last-ditch bid to get her to explain the third-country deployment, which is prohibited under POEA rules.
The recruitment agency, which has been in operation for 30 years, is licensed with the Hong Kong government's EAA.
Polo suspended the processing of the agency's contracts on June 20, and Ylagan was given five days to show cause for its violation of the POEA prohibition.  She reportedly asked for 14 days to respond to the order, and to get a copy of the relevant law used as a basis for her agency's suspension, but this was ignored.
On June 30, Emry's flagship office in World Wide Plaza in Central was shut down, and a notice was put up saying the agency was "relocating" to its other office in Wanchai. Panicked applicants, however, reported going to the Wachai office and saw it closed. Ylagan had also stopped responding to most text and chat messages.
Those who did get a response from her said in their affidavits that they were told they would be sued if they filed a complaint against Ylagan or her agency.
Using her other company, Mike's, Ylagan reportedly started recruiting OFWs for the overseas jobs starting in January this year, with the promise that they could leave for their chosen destination by June. Later, she said the departure date had been moved to October because their "job orders" could not be released yet
At least 500 OFWs are believed to have been enticed to pay for the promised jobs, for which no educational attainment or related experience, was required. The jobs ranged from nursing posts in London to sales staff and factory workers. 
The applicants were not issued receipts, or any document to show that they had applied and paid for the jobs.
The applicants with Vice Consul Fatima Quintin

                                                 




Overstaying parents urged to register their babies

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The block in Ap Lei Chau where Pangan, Escanillas and their two daughters lived for the past three years
By Vir B. Lumicao

The Filipino parents of two teenage girls whose births were not registered with authorities for 19 years are reportedly not in a hurry to register their children with the Consulate.
This was according to Vice Consul Fatima Quintin, head of the assistance to nationals section, who said the reluctance was regrettable.
She urged Filipino parents to register their children, no matter their circumstances, so they would get consular help and protection.
But she admitted that some parents were reluctant to register their children for some personal reasons, and that the Consulate could not force them to do so. “As much as we would like to encourage them to register, hindi natin makuha, pero iyon nga, kawawa yung mga bata kasi wala silang identity rito. Kung wala silang identity, hindi  sila makaka-avail ng available services,” Quintin said.
“Ini-encourage namin na i-register yung mga bata. Ang importante ay yung kapakanan ng mga bata, hindi yung circumstances ng mga parents.”
Ma Lorena Escanillas, 43, a former domestic helper, told officers of the Consulate’s assistance to nationals section that she would attend to the documents of her daughters, aged 18 and 19, only after her release from prison.
Her partner, 58-year-old Reynaldo Pangan, earlier ruled out registering the children with the Consulate soon as he was concerned that this could interfere with the Hong Kong Welfare Department’s processing of benefits for his daughters.
Eastern Court
Escanillas is serving a 12-month jail sentence at Lowu Correctional Institution after her conviction on Jun 13 in Eastern Court on a charge of overstaying her visa for almost 20 years.
Pangan received a similar jail sentence for aiding and abetting Escanilla’s breach of condition of stay by sheltering Escanillas during this period. He was also sentenced to two months in jail for failing to register the two children.
But Magistrate Clement Lee suspended both sentences for two years to allow Pangan to look after their children.
Escanillas is reluctant to talk about the circumstances of her case, said ATN officer Hermogenes Cayabyab Jr., who, along with Quintin, visited her in Lowu on June 20.  “She was tightlipped, she doesn’t want to her story to be played up by media,” Cayabyab said of Escanillas after the prison visit.
Filipinas who live near the building on Aberdeen Main road where the family has stayed for the past three years did not know the family.
“Hindi sila siguro lumalabas dahil kung hindi ay nakilala namin,” said one of the workers who, along with a handful of other Filipinas, gathered every weekday outside a primary school nearby.
The court was told that the second-floor flat was rented by Pangan starting on Jan 5, 2013 for $11,000, while he was reportedly earning the same amount as a domestic helper.
Pangan reportedly met Escanillas after she lost her job and she became his girlfriend.
The maid was pregnant when her visa expired on Oct 22, 1996 and Pangan found a place for her to live.
Escanillas gave birth to their elder daughter on Mar 4, 1996 at Prince of Wales Hospital in Shatin. Then exactly a year later, the second daughter was born in a flat in Taipo that Pangan had rented for his family.
Police said the Marriage, Birth and Death Registration Section of the Immigration Department had no records of marriage for Pangan and Escanillas, as well as the birth of their children. They also found no record of the children with the Education Department.
Pangan told investigators that he was unable to register the children because the mother was overstaying and he did not know anyone who could help him. He was also unable to send them to school because they did not have birth certificates.
But he said that during the whole episode that spanned almost two decades, he provided for Escanillas and the children. The couple also gave the children basic education at home, including reading and writing.
Pangan boasted that his children could read and speak in English and were good at computers.

Workshop to focus on rights of pregnant maids

Posted on 07 July 2016 No comments
The rights of a pregnant domestic worker in Hong Kong will be the focus of a workshop on maternity protection at the Consulate on July 24, organized by the non-government organi-zation, PathFinders.
“Throughout this workshop, we are hoping to increase health awareness and maternity rights for the foreign domestic workers in Hong Kong,” said Carmen Lam, senior community development officer of PathFinders.
One issue the workshop will address is whether a pregnant helper is entitled to maternity leave.
There have been several cases in Hong Kong where employers dismissed their maids after discovering they were pregnant simply because they did not want to grant the helpers maternity leave.
Since 2008, PathFinders has extended help to around 3,000 pregnant maids, ranging from protection for the mother and child, to access to justice and healthcare.
Interested parties may call Lam at (852) 5621 8329 of fax her at (852) 2393 2422 for enquiries.

Family can save

Posted on 06 July 2016 No comments
By Francisco J. Colayco

Let’s say I’m an average rank and file employee who is a father of 3 earning a monthly net salary of P12,000.  How would you advise me to grow my savings or make an investment when my earnings are barely enough to sustain my family?

It will take a lot of sacrifice, for sure, but it can be done if they are determined.  How many employees do we see smoking, drinking, texting and eating junk food and wasting real food?  Some may even say they do this and even resort to drinking alcohol and taking expensive drugs to forget their pain and sorrows.  Unfortunately, when they wake up from their stupor, their pain and sorrows will still be there and may even be worse when they realize that they lost an opportunity to improve their future.
For this family, I strongly suggest that they save Php33 a day or Php1,000 a month.  As we discussed in the last article, the Php1,000 a month if it earns 10% per year can grow to Php2.1M in 30 years or to Php5.6M in 40 years.
Many who write me think that they will get the extra income now if they invest in mutual funds. This is very wrong.  Your income will come only when you sell your shares that you bought in the mutual fund with your Php1,000 monthly at a profit.
If you sell it at the wrong time, you may even suffer a loss. Investing in Mutual Funds is not the suitable for those who want regular cash income.  It is for those who want capital appreciation, or increase in value of their assets over a long period of time.
Do not put in money that you will need in a short period of time.  You really need to “forget” that you have that money.  It should be looked at as money for say, schooling of your children 5 -10 years from now.  It is also an excellent investment for your retirement in 30-40 years time.
If you want to use this investment option for the schooling of your children, you will have to have a separate accounting for it.  It can be done but you probably will still need at least five years before you can see some really good capital growth from it.  You will need to plan this carefully.
What is very important with your kind of income is not to be tempted to use credit cards.  Credit cards can become the beginning of the end for you.  Maybe you could get them free for a year just to convince you to get a card but you will have to pay a steep annual fee after the first year.  If you are not able to pay on time, you will end up with penalties and interest that will really kill your capability to save.  As much as possible, live simply using only cash.
---
Francisco J. Colayco is an entrepreneur, a venture developer and financial advisor.  He is the founder of Colayco Financial Education and the Kapatiran sa Kasaganaan Service and Multipurpose Cooperative which have developed businesses in Banking and Finance, Real Estate, Food, Agriculture and others.  He is the Author of Seven Bestsellers in the Pera Palaguin Series, the latest of which is now available in bookstores:  “Wealth Reached. Money Worked. Pera Mo, Pinalago Mo!” Find his works and catch him on TV and radio.  Check out: www.colaycofinancialeducation.com, www.franciscocolayco.com, www.kskcoop.com, FaceBook and Instagram.

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