After ousting its chief, Supreme Court urged to review Sereno ruling

The 8-6 SUpreme Court ruling that ousted Chief Justice Maria Lourdes Sereno based on a quo warranto case, has prompted calls for a review of the decision amid questions not just about the justices' integrity but also the future of the Constitution itself.

The latest to issue the call were 14 senators who filed a petition on May 17 to assert a Constitutional provision that the House of Representatives and the Senate have the exclusive power to initiate and try, respectively, all impeachment cases.

“The Supreme Court’s decision to grant the quo warranto petition sets a dangerous precedent that transgresses the exclusive powers of the legislative branch to initiate, try and decide all cases of impeachment,” said  Senate Resolution No. 738. 

It was signed by majority members  Senate President Aquilino “Koko” Pimentel III, Senate President Pro Tempore  Ralph Recto, Senators Joel Villanueva, Loren Legarda, Sherwin Gatchalian,  Francis Escudero, Sonny Angara, and Grace Poe, as well as opposition senators Minority Leader Franklin Drilon, Francis “Kiko” Pangilinan, Bam  Aquino, Risa, Hontiveros, Antonio Trillanes IV and Leila de Lima.

“Now therefore, be it resolved as it is hereby resolved to express the sense of the Senate of the Philippines to uphold the Constitution on the matter of removing a Chief Justice from office, and respectfully urge the Supreme Court to review its decision to nullify the appointment of Maria Lourdes Sereno as Chief of Justice of the Supreme Court of the Philippines,” the resolution said.

In his dissenting opinion, Associate Justice Alfredo Benjamin Caguioa said: “I view with deep shame and regret this day when the Court has ousted one of its sitting Members upon the prodding of a mere agency of a separate coordinate department... This case marks the time when the Court commits seppuku – without honor.”

The quo warranto petition was filed by Solicitor General Jose Calida – the government’s chief lawyer – who questioned the qualification of Sereno owing to her failure to file a complete set of her Statement of Assets, Liabilities and Networth during most of the years she was teaching at the University of the Philippines, from 1996 to 2006.

Pimentel said the High Court should allow Sereno to file a motion for reconsideration. “The reputation and esteem of this present Supreme Court will now rise or fall on the basis of the soundness or unsoundness of this controversial decision upholding a very unusual remedy to oust a sitting Chief Justice,” he said. “Let us all uphold the rule of law. The people must be given time to review this decision. And the Supreme Court itself must also take the time to review its own decision. If the Supreme Court is not supreme in everything then it is also not infallible in everything.”

Pimentel warned that Sereno’s ouster could trigger a constitutional crisis if the House of Representatives would invalidate the removal of Sereno. “Kasi sa mata ng Supreme Court, tanggal na si Chief Justice eh, [pero kung] sa mata ng Kongreso, hindi pa tanggal si Chief Justice, then we have a problem. Kasi ano talagang status niya? Tanggal o hindi tanggal?” Pimentel said.

In its 153-page decision, the SC said there could not be a constitutional crisis since the Constitution itself had given it the authority to resolve quo warranto cases. “The Court’s exercise of jurisdiction over an action for quo warranto falls within the ambit of its judicial power to settle justiciable issues or actual controversies involving rights which are legally demandable,” the high court said in a decision written by Associate Justice Noel Tijam.

But Sereno pointed out tat the quo warranto petition had two defects: it was filed long after the one year it was allowed after her appointment in 2012, and the Constitution provides that impeachable officials can only be removed through impeachment.

She also asked that five of the justices — Teresita de Castro, Noel Tijam, Diosdado Peralta, Lucas Bersamin and Francis Jardeleza — inhibit from the case because they testified against her in the impeachment case before the House of Representatives. The six refused to withdraw, and Tijam’s ruling did not bother to defend two of them: de Castro and Jardeleza.

Hours after Sereno was ousted, former President Benigno Aquino III who appointed her in 2012 to replace late chief magistrate Renato Corona, who was found guilty by the Senate impeachment court of misdeclaring his wealth, said she can only be removed through impeachment, not through a quo warranto petition.

Associate Justice Marvic Leonen said the unprecedented decision has opened the floodgates to similar moves against others in the judiciary.

For his part, Senator Panfilo Lacson said the biggest “winners” in the SC decision were the “moronic” lawyers whose dullness would become obvious in an impeachment trial.

Lacson did not name any of lawyers he was referring to, but he was presumed to be alluding to Larry Gadon, known for his loyalty to late dictator Ferdinand Marcos and legal work for former president Gloria Macapagal Arroyo, and who filed the impeachment case in the House; and lawyer Ferdinand Topacio, was also leading an anti-Sereno rally outside the Supreme Court in Manila.

Jose Manuel Diokno, dean of La Salle Law, declared: “As members of the bar we are duty bound, under oath, to be dispensers of justice and protect the “rule of law.” Our reason for being is put to question. We are being forced to relearn or unlearn what we studied or taught in law school.”

During the SC hearing a week before the ruling, Sereno  had fiery exchanges with Associate Justices de Castro and Tijam.

When de Castro asked if Sereno religiously filed her SALN, the chief justice shot back that de Castro filed only 15 out of 39 required SALNs with the Judicial and Bar Council (JBC). She said other justices should also be made to face the high court if their wealth declarations are questioned.

Sereno’s lawyer, Josa Deinla, said they would appeal the Supreme Court’s decision.

‘Ethnic minorities’ label unhelpful, says Pinoy youth

By Vir B. Lumicao

Should we be called “ethnic minorities” or simply Hongkongers?

A Filipino secondary student pointed out whether the commonly used label only perpetuates segregation in a recent forum on breaking racial stereotypes and promoting awareness of racial harmony held at the Lingnan University in Tuen Mun.

The event was the screening of a video documentary, “Own Voices: Breaking Stereotypes”, and subsequent panel produced and directed by Filipino student Jianne Soriano and co-director Alecxis Ramos.

Panelist students receive citations from event organizer. 

The one-hour, 30-minute program at Lingnan’s Lee Ying Lam Lecture Theatre was attended by about 120 teenage students and members of the academe.

Lisa Leung, an associate professor in Lingnan U’s Department of Cultural Studies, said there has been “increasing concern for the rights of disadvantaged groups” because of racial bullying, anti-immigrant and hate speech on social media and in real life and became worse in Hong Kong and elsewhere.

“These merciless eyes remind us that underneath all the gestures of respect and politeness lies some deep-seated views of stereotypes about the others that justify all of this behavior,” Leung said.

Soriano, producer and director of the 25-minute documentary, said she made the video to tell the stories of ethnic minorities who seem to be overlooked by Hong Kong media. In the university, she realized the lack of a bridge between her and the local students.

Filipino-American student Jianne Soriano explains her misgivings about ethnic stereotypes, in documentary shown during the event.

Soriano lamented that stories about ethnic minorities are “often told from a different voice that excludes them. So, she worked on the project for the past year to give ethnic minorities their own voice.

“I feel that in order to be heard, we have to tell our stories genuinely instead of relying on assumptions, generalizations and stereotypes,” she said.

The youth who appeared in the video spoke about the stereotyping and discrimination they had gone through due to their color and appearance.

One example was a Filipino-American teenage girl who said in an open letter to Hongkongers she was constantly fearing that she would have to be one or the other. She said she was often judged and heard remarks by other people asking whether she is a helper’s daughter.

In the panel discussion after the video screening, a Nepali student recounted how he had been mistaken by locals for a Hong Kong man because he spoke Cantonese. “Is it necessary to speak Cantonese to be a Hongkonger?” he asked.

A Hong Kong female student admitted she stayed away from non-Hong Kong students because her English was not good so she was scared of mingling with them. But she said she also wanted to know more about them and would, from then on, approach them.

Prof Leung said that stereotyping is actually people’s refusal to learn more and know more about others. Stereotypes are powerful because they keep one from wanting to open up their minds in order to know more about others.

In the open forum, the first to raise his hand was a Filipino secondary student who asked why non-locals are being called ethnic minorities.

“I think labeling ourselves as ethnic minorities is empowering because we need to introduce ourselves to society, but don’t you think that… the labeling of ourselves as ethnic minorities, as compared to Hongkongers… only serves to segregate society because of all these different kinds of labels?” he asked.

Equal Opportunities Commission chairperson Alfred Chan, a panel member, acknowledged that labels such as “ethnic minorities,” “new immigrants” and “migrants” give different intonation and negative meanings.

He said, in fact, he had suggested to the government to come up with more positive terms, although he said that is not easy.

“I think policy-wise, looking at all immigration legislations in particular, there is a need to (label) the kind of people especially in establishing their residency status,” Chan said, adding that the government is still trying to find out how to do it better.         

KELY Support Group, an NGO that extends help to ethnic minority youth in Hong Kong between 14 and 24 years old, organized the event in celebration of the International Day for the Elimination of Racial Discrimination.

“While different measures exist in Hong Kong, it is important that we know how to effectively utilise or improve them in order to better empower and support ethnic minority youth,” said Sky Siu, executive director of KELY, explaining what the support group hopes to achieve through the project.

Dream Love

Kamakailan ay nagkabiruan sina Milet, Ilongga na 51 taong gulang, at ang kanyang mga katropa na karamihan ay katulad niyang dalaga. May nagpadala kasi sa kanila ng link sa isang dating site na nagsasabing kahit ang mga edad 50 pataas at single pa ay maaari pang makatagpo ng “forever.”

Agad sinabi ni Milet sa kaibigang si Glenda na 41 taong gulang, na subukan na lang nila na gumamit ng pabangong Dream Love, at balita niya ay mabisa talaga ito. Sagot naman ni Glenda, “Sige ate, mauna ka at kung may naghabol sa iyo ay bibili din ako.”

Nagtawanan silang lahat sa kanilang chat sa sagot ni Glenda. Ang hindi alam ng mga kausap ay isa si Milet sa mga napabilib ng Dream Love dati. Hindi niya makalimutan ang nangyari noong taong 2009, nang pauwi sila ng.kanyang ate sa Pilipinas.

Nag check-in sila ng kanilang mga bagahe sa Central station ng Airport Express, at dahil gabi pa ang kanilang lipad ay naisipan ni Milet na subukang bumili ng Dream Love, na noong mga panahong iyon ay sikat na sikat sa mga OFW sa Hong Kong. Nakabili naman siya sa halagang $80 lang, at nakatuwaang gamitin agad.

Walang kakatwang nangyari sa kanilang biyahe mula Hong Kong hanggang Maynila, pero pagdating nila para maghintay ng kanilang connecting flight sa Iloilo ay nangyari ang hindi inaasahan. May nakakuwentuhan si Milet na isang Pinoy na marino galing ng Brazil.

Bumaba daw ito ng barko dahil biglang namatay ang kanyang ina kaya kinailangan niyang umuwi agad sa Cotabato. Napahaba ang kanilang kuwentuhan, mula sa trabaho hanggang sa kanilang buhay OFW, hanggang niyaya na sila ng lalaki na magmeryenda.

Nang malapit nang sumakay si Milet at ang kanyang ate sa kanilang eroplano ay biglang sinabi ng marino na sasama ito sa kanila sa Iloilo. Pero hindi pumayag ang ate ni Milet, at sinabihan nito ang lalaki ng, “namatay ang nanay mo, saan ka pupunta? Dumiretso ka sa bahay ninyo.”

Nang hindi mapilit ang dalawa ay hiningi na lang ng lalaki ang address ni Milet sa Hong Kong. Pagkatapos ng tatlong linggong bakasyon ay bumalik na sina Milet sa Hong Kong. Ilang araw pa lang siya nakakabalik ay nakatanggap na siya ng sulat galing sa marino mula sa Cotabato.

Nagulat si Milet nang ipagtapat ng lalaki sa sulat na na love-at-first-sight daw ito sa kanya. Hindi daw nito maintindihan, basta iyon ang naramdaman niya. Sa kasamaang palad ay kasasagot lang ni Milet noon sa isang ka penpal na engineer sa Taiwan, at agad na sinabi sa marino na may kasintahan na siya.

Hindi naman nabahala ang lalaki, at sinabi na baka magbago pa ang kanyang isip. Ilang beses din itong sumulat na nanliligaw pero hindi natigatig si Milet dahil ayaw niyang mamangka sa dalawang ilog.

Kinalaunan ay nalaman niyang ang kasintahan pala niya ang two-timer. Umuwi pala ito sa Pilipinas nang hindi nagsasabi, at may ka live-in na. Hindi na muling nakarinig si Milet ng balita tungkol sa marino, pero sa pagdaan ng panahon ay hindi niya mapigil na sumagi sa isipan niya ang tanong na, ano kaya kung ito ang sinagot niya? Baka nagkatuluyan sila. Pero malamang, aniya, nakahanap na ito ng iba, at may anak nang napatapos sa kolehiyo.

Sana, napaaga daw ang paggamit niya ng Dream Love at baka yung lalaking totoong nabighani sa kanya sa tunay na buhay at hindi sa panulat lang ay hindi magtataksil. Si Milet ay nakatira sa Clear Water Bay at patapos na ng pang apat na kontrata sa kanyang mga among Pranses. Hindi pa rin siya nawawalan ng pag-asa na magkakaroon din siya ng “forever.” – Merly Bunda

Siningil ng $24k para sa bintanang binasag

Alalang-alala si A.E., na isang buwan pa lang nakakarating sa Hong Kong, dahil sinisingil siya ng amo niya para sa salamin na bintana na binasag niya dahil na lock-out siya habang mag-isa sa bahay. Lumabas si A.E. sa balkonahe ng bahay ng amo sa Yau Tong, Kowloon, at hindi sinasadyang nai-lock niya ang pintuan.

Sa katarantahan dahil malapit na niyang dapat sunduin ang alaga sa eskuwelahan at wala naman siyang hawak na cellphone para sana tumawag ng saklolo ay binasag niya ang makapal na bintanang  salamin para makapasok muli sa bahay. Ni hindi niya naisip na sumigaw na lang at humingi ng tulong sa mga kapitbahay.

Galit na galit ang kanyang amo nang malaman ang ginawa niya, hindi lang dahil sa abala kundi pati na rin sa laki ng gagastusin para ipagawa ang nabasag na bintana na may cladding at curtain wall pa. Pina-estimate nila sa gagawa ang halaga ng gagastusin, at $52,800 ang ibinigay na kuwenta sa kanila.

Agad na sinabihan si A.E. ng amo na kailangan niyang sagutin ang $24,000 bilang parte sa pinsalang ginawa niya. Nataranta nang husto ang Pinay dahil ni hindi pa nga siya nagsusuweldo, at marami pa siyang utang sa Pilipinas.

Mabuti at may nagsabi na humingi siya ng tulong sa isang grupo na tumutulong sa mga kapwa niya bagong-salta. Agad naman siyang sinabihan na kumalma dahil ayon sa batas  ng Hong Kong, hindi dapat lumampas sa $300 ang halaga ng anumang bagay o gamit ng amo na masira niya.

Gayunpaman, pinayuhan pa rin siya na lumapit sa Mission for Migrant Workers para makakuha ng paliwanag tungkol sa batas. Pinangaralan din siya ng mga tumulong na magpakahinahon sa anumang problema o pagsubok na pagdaraanan niya, dahil nakasalalay dito ang kanyang trabaho.

Sa nangyari, halimbawa, hindi siya dapat nagpadalos-dalos dahil baka may iba pang paraan para makapasok siyang muli sa bahay ng amo nang hindi niya kailangang gumawa ng malaking pinsala. Natural lang na magalit ang amo dahil ang problema ay bunga ng kapabayaan niya. – Rodelia Villar

Polo volunteers told: do not join rallies, give up your orgs

By Daisy CL Mandap

Targeted by the new Polo directive are the volunteers
who joined the protest against the recall of Labatt Jalilo dela Torre

Recent moves by the Philippine Overseas Labour Office (Polo) officer-in-charge Ma. Nene German, to take retaliatory steps against those who took part in protests against the recall of Labor Attache Jalilo dela Torre, have left Filipino community leaders up in arms.

As a first step, German ordered that all existing Polo volunteers be subjected to a screening so only those who pledged not to join future protest actions would be retained.

German ordered the purge of volunteers' list

During the interviews first conducted on May 6 by two male staff members of Polo, invited volunteers were also told they must give up their memberships in other organizations so they would be “neutral”.

The Polo staff reportedly said the names of selected volunteers would be submitted to the Consulate for approval, then to the government in Manila, before they are given IDs.

Further interviews, this time by a panel headed by the Polo OIC herself, were held the following Sunday, May 12. It’s still not clear when the selected final batch will be made known.

Asked via email to confirm or clarify the reports, German initially replied: “May we asked (sic) from whom you got the herein information re: volunteer interview questions?” 

Told that the information was supplied unsolicited by three Filipino community leaders, German said: “The Office in the exercise of its discretion will continue to determine who will qualify as its volunteers vis-a-vis the services that we need to deliver to our clients. I have no further comment on the issue.”

Most of those who admitted joining the protests, even those who said they did it for personal and not political reasons, were not allowed to stay on as volunteers.

Eman Villanueva of Unifil-Migrante Hong Kong called German’s act unconstitutional.

“Her so-called ‘exercise of discretion’ is in direct violation of the fundamental rights of the Filipino people enshrined in our constitution,” said Villanueva.

He cited in particular section 4, art III of the Bill of Rights which guarantees freedom of speech, expression or of the press, and “the right of the people peaceably to assemble and petition the government for redress of grievances.”

He also pointed out to sec. 8 of the same article, which guarantees the right of all people employed in both the public and private sectors to form unions, associations or societies for purposes not contrary to law.

Deputy Consul General Roderico Atienza who was acting head of post at the time of this interview, said no such re-accreditation process was initiated by the Consulate for its own volunteers. All they did at the start of the year was to ask for an exemption from a new Department of Foreign Affairs directive that posts not enlist the help of volunteers, and they got it.

Atienza said he had not heard, or was told, of Polo’s new rules for volunteers. He also was not aware of any plan by Polo to submit the list of vetted applicants to the Consulate once it is finalized.

However, he said this could come at a later time, when Polo is ready with its approved list.

Volunteers spend long hours maintaining the queue outside Polo
and giving help to OFWs, especially during peak vacation periods

The crackdown sparked indignation among other Filipino community leaders, particularly those who joined the call for Dela Torre to be retained in Hong Kong.

Dela Torre was ordered recalled by Labor Secretary Silvestre Bello III on March 26, citing various reasons, from “favoritism” to “corruption.” Dela Torre’s deputy, German, was made OIC.

Two subsequent protests against the recall apparently stalled the implementation of the order, but Dela Torre was eventually told to return to the Home Office to answer the “charges” on Apr 18.  His fate remains unknown.

In the meantime, a former deputy labor attaché to Hong Kong, Leonida Romulo, will reportedly take over Dela Torre’s post.. Atienza confirmed that Romulo’s nomination had already been submitted to the Hong Kong government for approval, and that she could take over as the new labor attaché within a month.

Among those who took issue with the apparent move to cleanse Polo of Dela Torre’s supporters was Leo Selomenio, chair of Global Alliance.

Selomenio said her group was not even told of the re-accreditation interviews, even if she and other members had been helping out at Polo for years, even during weekdays.

But she said being taken off the volunteers’ list was “not a big deal” to her group because they are busy with so many other projects. She also knew that the new Polo head is bearing down hard on her group as it’s been identified as the leader of the “No to Recall” petition for Dela Torre.

Nuval's Global Alliance is one of the biggest OFW groups in HK

Proof of this was an attempt to bar one of Global’s officers, Marites Nuval, from joining the Filipino community meet-up with President Duterte on Apr 12. Nuval said she was stopped at the entrance to the venue and was passed on to security officers who asked if it was true that she was a protester.

The leaders said they made no attempt to hide their support for Dela Torre, citing his many achievements while in office, and his strong stand against corruption.

DelaTorre was known to have cracked down in particular on the previously prevalent practice of employment agencies giving gifts to Polo officers and staff. In line with this, he had CCTV cameras installed near the counters where the agencies transact business with Polo, but these have since been removed, reportedly on German’s orders.

Instead of Dela Torre, the protesters asked that German be recalled as she had already been “overstaying,” having been retained for another year by Bello after her initial three-year appointment.

Another leader stricken off the volunteers’ list was Rodelia Villar, who founded a big online group that assists OFWs, especially newcomers, on all matters pertaining to their work and stay in Hong Kong.

Villar said she admitted joining the protest to support Dela Torre, but added it was just her personal conviction, and not a political stand against the government. She, however, agreed to the condition not to join further rallies, but still failed to make the cut.

On learning that she did not make it to the second round of interviews, Villar just said: “We plan to volunteer na lang sa Help for Domestic Helpers at sa Mission for Migrant Workers. Mas marami pa kaming matutulungan.”

But concerned about the huge number of OFWs who regularly line up on Sundays for help with registering online for the overseas employment certificate, Villar said she plans to set up an outdoor station somewhere near Polo just so her group could continue helping.

Another leader, Gemma Lauraya, president of the National Organization of Professional Teachers, admitted breaking down in tears when asked if she was willing to give up her group for Polo volunteer work.

Lauraya's NOPT has been helping Polo since 2015

“Loyal po ako sa NOPT,” she said, indicating she was not about to leave her post just to continue helping Polo.

She also said she was fine with not being asked to continue being a volunteer because “hindi ko naman po yan kawalan kasi naka focus naman ako sa organization,” she said.

Lauraya, who was among those who spoke to the press at the height of the “No to Recall” protests, was also not asked to join the Polo selection process, but went on anyway, after hearing about it.

NOPT had been fielding volunteers to Polo since it moved to its previous offices in Admiralty Centre in March 2015.

Another protester who failed to make the grade was Bhebs Leonardo, who said she and two other fellow Bicolanos, including longtime leader Art Buban, were excluded from the second round of interviews for volunteers.

Leonardo said: “Tinanong din ako kung kasama ako sa rally, first and second. Sabi ko,  nagsalita pa kako ako...Two years and 10 months (ako nagvolunteer), laglag din.”

She also said she was made to choose between her organization and staying on as volunteer. “Pinili ko organization ko (kasi) marami nang bawal, parang wala ng freedom.”

Dela Torre was recalled before being
told to answer supposed allegations
of corruption and favoritism

Villanueva said that as a sign or protest, “We are calling on all OFWs to refrain from volunteering with Polo until this draconian rule of Nena German is scrapped. They should not allow themselves to be stripped of their dignity as community volunteers.

He also reiterated a call for President Duterte to reinstate Dela Torre and let him finish his term “and immediately recall ALA German who is already overstaying her term and is abusing her authority as OIC.”

Dela Torre himself was concerned that weeding out the protesters from among the ranks of volunteers could isolate Polo from the community, and will negate the gains achieved during his term.

“The procedure narrows the field of volunteers to those not belonging to any organization, and goes against the very goal of encouraging the formation of   organizations for mutual help, welfare and empowerment,” he said.

Dela Torre also said excluding those who didn’t and wouldn’t join rallies is not democratic and is of dubious legality.

Pinay trafficked to China flees after assault

By Vir B. Lumicao

A Filipina domestic helper walked out on her job just 13 days into her two-year job contract in Hong Kong after her employer took her to China shortly after her arrival and told her she would be working there.

The worker, Irene Nolasco, made the statement when her claim against her employer, Wei Ying, was heard at the Labour Tribunal on May 9.

Nolaso also told the tribunal that she was struck in her right arm by the elderly mother of Wei, prompting her to leave the house and report to the Chinese police and to the Hong Kong authorities at the border.

Presiding Officer Isabella Chu adjourned the hearing indefinitely as investigations by the Chinese police and the HK Immigration Department are continuing.

Wei did not appear in the hearing.

Nolasco is seeking a total of $17,000 in arrears in wages, air ticket, food and travel allowance, and damages.

The Filipina said she arrived in Hong Kong on Nov 20 last year. Three days later, she was taken by Wei to her mother’s house in Guangdong province.

She said she did not expect to be sent there because her contract stated that she would be working at Wei’s Hong Kong address.

Chu said that as the assault case against Wei’s mother and the Immigration investigation of the employer are not yet finished, she had to adjourn the case without a fixed date for a resumption of the hearing.

But she told Nolasco to inform the tribunal once she receives word from the authorities that the criminal cases had been concluded, so that her claim could be restored.

Outside the courtroom, Nolasco told The SUN that she left Hong Kong on Feb 20 to be with her family while she reapplied for a job in Hong Kong.

Before she came to Hong Kong, she worked for two years in the Saudi capital, Riyadh, where she said she had good Arab employers.

‘Trafficked” Filipina settles claim against mainland employer for $21k

By Vir B. Lumicao

After staying away from the Labour Tribunal for months, a female Chinese employer finally showed up for a hearing on May 10, and agreed to settle the claim of her Filipina domestic helper whom she forced to work illegally in China.

Lin Haiyan did not hesitate to pay up the $21,400 settlement proposed by Presiding Officer Isabella Chu, who warned her a trial judge could dig up criminal offenses she had committed if the case went to trial.

It was the first court appearance of Lin, who had avoided all previous summonses  relating to the claim filed by her former maid, Myles A. Alfaro.

Alfaro, who had overstayed her China visitor’s visa while serving her employer in Guangzhou, also accepted the settlement, although it was just a fifth of her $112,000 claim.

Chu said that signing up the worker in Hong Kong and then taking her across the border to do her job is a breach of Immigration rules, and therefore a criminal offense.

“It is all right if you take her there for a visit of four days, but since Jan 7, 2018 you let her work on the mainland. That’s illegal,” Chu said.

She said another criminal offense was Lin’s false declaration in the work contract that Alfaro would work in an address in Taikoo Shing, instead of on the mainland.

Chu noted that the first time a bailiff went to Lin’s declared address to serve court documents, no one was there. On Apr 11, another bailiff went to deliver the documents, but one Ms Ng who opened the door said Lin did not live there.

A third attempt on Apr 18 to deliver the documents also failed because the flat’s occupant refused to receive the bundle. A building security staff told the bailiff that Lin owned the flat but was renting it out.

“That’s a consideration for the defendant and the Immigration Department. The particulars of this employment contract are not correct,” Chu warned.

Citing a contract for assistant manager in a shop in China that Lin made Alfaro sign, Chu said this was also illegal because the maid had an existing contract in Hong Kong.

“This is a very serious offense – the domestic helper becoming an assistant manager in a new contract. This criminal offense may get you a prison sentence, no excuse,” Chu said.

She said Lin might have seen the many TV commercials warning employers against letting their domestic helpers work in shops or offices.

Lin terminated Alfaro’s Hong Kong contract on learning that the maid’s visa had expired. She then told the maid to fly straight to Manila, not via Hong Kong.

Chu said this may be a good reason for the two parties to settle instead of going to a trial.

Then Chu reviewed the items on Alfaro’s claim: $630 in arrears in wages, one-way air fare to Manila of $1,120, food and travel allowance, $100, damages of $97,492.50 for the unfinished portion of her contract, and expenses totaling $12,384.87.

The presiding officer took out the $97,492.50 damages, rounded the total to $21,400 and asked both Lin and Alfaro if that was acceptable to them. Chu gave them a break to think it over.

When they returned to the courtroom, they both agreed to the amount. Li asked if she could deposit the amount in Alfaro’s bank account but the Filipina said she had none. The court clerk said she needed to pay cash.

The court waited until 4pm before the person who Lin requested to bring the money arrived in the tribunal.

Fate in rare Saturday game for KO championship

By Emz Frial

Posted: May 12, 2018

The all-Filipino softball team, Fate, faces a tough battle today in the championship round of the Festival of Sports, a knock-out tournament, not because it is not up to the task, but because the game was scheduled on a day when most of its players are at work.

It is the first time that the team will play a game, a crucial one at that, on a Saturday, instead of the usual Sunday when its players who are all domestic workers, are off work.

Fate’s team captain Don Gaborno had pleaded with organizers through team manager Law Wai Ho to reschedule the final game at Shek Kip Mei field, but their local rival, Astro, refused to give way.

Fate goes into the final round with an unblemished record, having defeated all its rivals - and in most cases - even prevented them from scoring a single point.

Fate and Phoenix Ghost players in a friendly pose after their match on May 6

The last to bow down to its might was local team Phoenix Ghost, in a game on May 6 that ended with Fate chalking up an impressive 11-nil win in the KO series.

Fate did even better in the regular league, when it outclassed rival Celsius in spectacular fashion,  scoring 20-nil in a game on Apr 29 that lasted the full four innings.

In the KO round, Fate started as an away team. In the first inning three of its players immediately made the mark: Myra Japitana,  Editha Hidalgo and Don Gaborno. The locals’ turn to bat amounted to nothing because pitcher Gaborno’s fast balls resulted in two consecutive standing out for Phoenix, while the third batter managed to hit the ball and and run the bases. The next batter also connected with the ball and move on. However, the two batters got stuck at the bases because the third was again called for standing out. The inning ended with the score at 3-0 in favor of Fate.

In the second inning,  Fate piled up four more points, with help from Maribel Sitchon,  Japitana,  Eunice Locop and Gaborno.  The locals managed to have three players standing on the batting plate but again failed to score. The inning ended at 7-0 for Fate.

In the third inning, Sitchon,  Reyze Valeriano and Japitana all scored, raising Fate’s lead by 10 to nil against its rival. Phoenix tried its best to turn the tide, or at least score a point, but heartless Fate did not allow them.

In the fourth inning Jeremiah Gabales further added to Fate’s score, to end the game at 11-0.

In the regular league, Fate did even better, slamming its local rival Celsius with a score of 20-0 at a game played on Apr 29, also at the Shek Kip Mei field. 

Unbeatable Fate started piling the scores from the first inning, with a point each coming from Japitana,  Gaborno,  Gabales and  Bambee Abadilla.  

When the locals took their turn to bat, only the first three players got the chance to stand on the batting plate. The first batter was called for standing out, while the next two were caught on a pass ball to the first base. The inning closed at 4-0 for Fate.

Fate scored seven more points in the second inning, courtesy of Hidalgo,  Locop,  Japitana, Gaborno,  Abadilla,  Percy Jayme and Sitchon.

The locals again found it hard to score, seemingly because Gaborno’s balls were just too fast for them to hit. Two of Celsius’ batters were called for standing out while a third was caught on a flyball by second baseman Jayme. The score at the end of the second inning was 11-0 for Fate.

Fate added four more scored in the third winning, closing it at 15-1. Those who contributed to the round were Hidalgo,  Gaborno,  Gabales and Charlie Gat-Eb. 

Despite the highly lopsided match, the umpire did not call for regulation and instead allowed the game to continue until the last inning.

In the fourth and final inning, Fate piled up five more points, to close it at a spectacular 20-0 finish. Those who scored were Hidalgo,  Juliet Fernandez,  Japitana,  Gabales and Gat-Eb. 

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OFW-turned entrepreneur gives talk on leadership

By Daisy CL Mandap

If you want to succeed as a leader, either of a group or a company, you must, first of all, make learning a habit.

This was a key lesson shared by Myrna Padilla, a former overseas worker in Hong Kong who went on to build her own software company in Davao City, when she spoke at a leadership seminar and forum at the Consulate on Apr. 15.

The gathering was organized by the Mindanao Federation, which Padilla founded in the early 2000s when she was still working in Hong Kong. She went back home for good in 2006 to form Mynd Consulting, an offshoot of her fascination with computers that started when her young ward explained to her how a “mouse” worked.

Myrna Padilla stresses a point during her talk.

Padilla said that having a diploma is no guarantee that one will be an effective leader. “Hindi basta may diploma ka, kaya mo na,” said Padilla, who was unapologetic in saying she reached only third year in high school.

What made her succeed, said Padilla, was her determination to learn “Alo yung taong hindi nahihiyang magtanong,” she said. “If I don’t understand what I’m told, I say something like, ‘what does that mean? Please elaborate.”

Sometimes, she would resort to doing a quick search on google to understand what’s being told her, even during a phone convcrsation. “Thank God we have google,” she quipped, to the delight of her audience.

In her line of work, Padilla said continuous learning is a must because technology keeps evolving. “You cannot be slow because technology changes so fast,” she said.

Passion and originality are two other factors that could spell success for a leader, said Padilla.
Passion, according to her, means loving your work to an extent that you want to know everything that has to do with it. “What will make it easy for you is if you love what you are doing.”

In doing business, originality is also very important, said Padilla. She gave as an example the tendency of Filipinos to go with a trend, so that if they see a certain business flourishing, for example an “ihawan”, everybody else in the neighborhood would copy it.

This is a sure formula for failure, unless one innovates, or offers more than what the others are doing.
“Business is not just copy and paste,” said Padilla. “If you do just this you will fail.”

She told her audience they must “think outside the box” or to steer clear away from what is commonplace if they want to succeed.

Padilla said a leader must have the qualities of a good driver. He or she must have a vision for the way forward; empathy for subordinates, and an ability to communicate well.

A leader must also know how to bend or yield to someone if necessary, to listen and be observant at all times, and to learn from interacting with workers or members.

But beyond all these, Padilla said a leader or innovator must be tough, for there will be challenges along the way. “Nothing is easy in this world,” she warned.

Officers grilled as Filipina decries repeated strip-search

By Vir B. Lumicao

A Filipina maid said she was “ashamed, stressed, and shivering in cold” when several police officers strip-searched her several times in the early hours of Jan 3 after arresting her for the alleged theft of $500 and a lip balm.

But five of six officers who Margie Lotino reportedly pointed at during an identification parade at the Wanchai police station on Apr 13 denied they had gone beyond the body search level stipulated in police guidelines.

Lotino, giving evidence during her trial in Eastern Court on Apr 20 for theft, was emotional each time she was queried by both prosecution and defense lawyers about the alleged strip-searches.

She said that during two separate body searches in the toilet of her employers’ flat in Pokfulam, various officers took turns ordering her to strip down to her underwear. She was reportedly told to take off her top clothes first, then her lower garments.

“They told me to take off my jacket and shirt, and then they pulled my bra and looked into it.

Then they ordered me to take off my trousers and socks. They pulled my panty and also looked into it,” Lotino said, breaking into a sob.

At one point, Magistrate Simon K. F. Ho called a break as the Filipina, who is in her 30s, became too emotional.

She positively identified five female officers who allegedly conducted the body searches on her on four separate occasions: first in her employers’ house, second at the Western Police Station, third at the Wanchai Police Station, and fourth, back at the Western Police Station.

She also identified a male officer who signed the custody search document, which contained details of the searches.

Earlier on Mar. 13, Lotino pleaded not guilty to stealing a $500 bill from her employer on Jan. 2, claiming she had been set up.

Lotino said she found the bill on the floor while she was cleaning the master bedroom, and put it on a cabinet top in the living room.

She said she told her employer about finding the money when the latter got home that evening. The employer, who was then in the bathroom, reportedly thanked the maid but reached out for the money with a towel, a suggestion that she did not want her own fingerprints on the bill.

Not long afterwards, police came and Lotino and her belongings were searched.

Lotino said she was forced to sign a cautioned statement admitting the offence because she was cold, hungry, and was under intense pressure from the repeated body searches and interrogation she was made to endure.

“You better admit you stole the money and I will send you to the Philippines,” on officer allegedly told her at one point, but the maid said she insisted she was telling the truth.

Lotino said during one search at Western Police Station, a male officer entered the room while she was only wearing a bra and panties. In another search, a male officer came in with a pair of scissors and cut the cord of her jogging pants so it could be pulled down easier.

She also complained that her wrists hurt because she was handcuffed tightly when she was transferred to Wanchai Police Station, then back to Western Station.

She said she had spotty bleeding and developed a lump in her left hip after the searches.

The defense said the investigation of the maid began at 1:30am on Jan 3 and finished only at 3:15pm on the same day. The defense lawyer challenged the cautioned statement, saying there were several parts that the defendant disowned.

Lotino said she signed the cautioned statement even if her mind was blank because she was not feeling well. “I told the (Tagalog) interpreter that I was stressed, no sleep because they banged my bed; I felt ashamed because they looked at my private parts. I felt cold, they did not give me proper food and water,” Lotino said sobbing.

She said the investigators let her sign parts of the statement without letting her read them. At one point, she said, the interpreter told her to just write what she dictated.

Before the Filipina took the witness stand, six of the officers she pointed to in the police ID line-up were called in to give evidence. Four of them answered “disagree” or “I can’t recall” when asked the same questions about searching the helper bodily.

Each of them was also asked about the first guideline in the conduct of body searches, and the reply was Level One, meaning a search only of a suspect’s outer clothes.

The investigator, when asked why she did not make a custody search report, admitted she forgot to do it but saw a higher officer prepare the document after the examination.

The magistrate ordered both parties to make written submissions when the hearing resumes on May 16, and extended Lotino’s bail.

Elderly tourist injured in escalator fall

By Daisy CL Mandap

An elderly Filipina tourist who said she was a “missionary” returned home to Manila on Apr 21, one week after suffering a bad fall from an escalator at the International Finance Centre in Central.
Lolita Naval was taken to Queen Mary Hospital on Apr 14, the day she arrived in Hong Kong, and was immediately operated on.

According to the Consulate’s Hermogenes Cayabyab who responded to an appeal for help on Naval’s behalf, the elderly woman had a steel plate inserted into her leg as it was badly injured from the fall. Luckily, the hospital bill which ran up to more than $90,000 was waived, reportedly at the request of Consul Paulo Saret.

Naval’s picture lying in her hospital bed was posted online by concerned Filipinos, who noted that she did not have any relatives in Hong Kong, and needed help. Among those who responded called up Cayabyab, who in turn relayed the information to Saret.

According to those who managed to speak with Naval, she fell due a misstep. “Nagmamadali daw kasi siya at akala flat na yung inapakan nya, hindi pa pala.”

Her fall was so bad that she still had dark bruises on her body even after she was discharged from the hospital on Apr 20 and taken to a shelter before her return flight to Manila the next day.

Lolita Naval in her hospital bed.

The elderly woman, who was reportedly from Caloocan City, told those who visited her in hospital to cheer her up that she was a missionary, but did not contact any church before coming here.  She reportedly said she had only borrowed money for her trip to Hong Kong, where she had thought of spreading the word about God.

Naval told her new acquaintances that she vowed to serve the Lord after being declared clinically dead when she gave birth to her youngest. She said a tall, thin man in white who appeared before her made her pledge to work as a missionary in exchange for getting her life back.

Cayabyab picked up Naval from the shelter on Apr 21, and took her to the airport for her return flight to the Philippines.

EOC chair stresses equal rights for all at 1st ‘Are You OK’ graduation

By Daisy CL Mandap

Foreign domestic workers enjoy as much protection under the law as Hong Kong permanent residents, said the head of the Equal Opportunities Commission, during recognition rites for the first batch of Are You Ok “ambassadors” held in Chater Garden, Central, on Apr. 22

The graduates from the Philippines and Indonesia who numbered about 100, underwent four Sundays of rigorous training on domestic workers rights and how they could detect and help fellow migrants in distress. The project is a joint undertaking by the EOC, International Office of Migration – Hong Kong, RainLily and the consulates of the Philippines and Indonesia.

EOC chair Alfred Chan told the mostly domestic workers in the audience in particular that they should not hesitate to seek help – from fellow migrants, NGOs, their Consulates and  the EOC - when they fall prey to sexual advances from their employers.

EOC chair Alfred Chan (last row, center) is joined on stage by program participants.

“Do not tolerate sexual offences, these are very serious matters,” he said. “So, please, please if you have such experiences, come to EOC.”

Chan advised migrant workers not to listen to people who tell them that they are just temporary visitors in Hong Kong with limited rights and protection under the law.

“You are protected by law,” said Chan. “We promise you that we will do our best to protect you.”

Chan also suggested the question ‘Are you ok?” should be asked by employers to show their concern and sympathy for the worker who works long hours to serve them.

Speaking after the ceremony, Chan said migrant workers who are subjected to any unlawful acts, particularly sexual harassment, should approach the EOC for help. The offences could also include illegal recruitment and human trafficking, the most common problems facing Filipinos in Hong Kong.

“Regardless of who you are, domestic helper or not, you are protected,” he said.

In response, Deputy Consul General Roderico Atienza read a statement from Consul General Antonio Morales who was reportedly called to the Home Office in Manila for a meeting.

In the speech, ConGen Morales thanked the co-organizers of the project, which he said provided a much-needed link between the migrant workers and the labor rights and benefits accorded them under Hong Kong law.

He said the project was in line with the Consulate’s  Gender and Development Program which “requires us to implement programs for women in especially difficult circumstances and to provide them with relevant services and interventions.”

Attending for the Indonesian side was Vice Consul for Labour, Sholahudin.

The program was highlighted by traditional dance numbers from migrant workers from the two countries,, and a performance by the popular Filipino singing group, The Unsung Heroes.

2,000 Filipino teachers to be hired in China starting July

By Daisy CL Mandap

A first batch of 2,000 Filipino English teachers could be deployed to China as early as July this year, as part of a deal to open the Chinese labor market to hundreds of thousands of workers from the Philippines.

This was confirmed to The SUN by Philippine Ambassador to Beijing, Jose Santiago Sto. Romana, amid reports as many as 300,000 Filipino workers could be allowed to work in China in a landmark agreement to be signed before the end of the year.

According to Ambassador Sta. Romana, a memorandum of understanding on the hiring of Filipino teachers of English in China was signed at the sidelines of the Boao forum in Hainan last month, where President Rodrigo R. Duterte met with Chinese President Xi Jinping.

The MOU was signed on Apr 10 by Philippine Labor Secretary Silvestre Bello III and Chinese Ambassador to the Philippines Zhao Jianhua. The Department of Labor and Employment was designated as the lead agency in the Philippines for the agreement, and will issue the implementing guidelines for the MOU. For China, the lead agency is the State Administration of Foreign Experts Affairs.

Bello and Jiao sign the MOU in Hainan, in front of President Duterte and his entourage,

“(The) teaching contracts will be for 2 years and can be renewed. The quota for 2018 (from July 1st to June 30th next yr) is 2,000 teachers. We are still waiting for implementing rules from DOLE for other details,” Ambassador Sta Romana said.

Separately, the Philippines’ special envoy to China William J. Lima, reportedly told the South China Morning Post that up to 500,000 work visas could be issued to Filipinos as part of an agreement to be signed by Manila and Beijing by the end of the year.

The 300,000 workers will be new hires, while 200,000 other visas will be issued to Filipinos already working clandestinely in China, mostly as domestic helpers.

Of the 300,000 workers still to be deployed, a third could be English teachers.

According to Secretary Bello in a separate interview conducted earlier, China has vacancies for 100,000 English teachers. He also said that the Filipino English teachers to be hired under the already signed MOU will be paid a monthly salary of US$1,200.

The Filipinos’ known facility for the English language reportedly made them ideal candidates for the job.

To qualify under the MOU, a Filipino teacher must have a bachelor’s degree in English teaching, education or English language from Philippine universities accredited by the Chinese Education Ministry, and must have passed the Philippine Board of Licensure Examination for Professional Teachers (BLEPT).

Also in the cards, according to the Philippine government officials, is the hiring of Filipino domestic workers in China “because the Chinese middle class is growing.”

“They look at what’s happening in Hong Kong and there is a growing demand for English-speaking helpers,” Sta. Romana said.

Meanwhile, Lima reportedly said that there were still some small issues to be ironed out, like the type of health services that should be provided to the Filipino migrant workers.

“For instance, China offers a range of traditional medicine that Filipino workers might not be used to,” he said. “This is something we are still talking about,” Lima reportedly said.  “However, things are going well generally and I expect we can conclude fairly soon.”

Magulang ang amo ni Lagring

Sa kumedor habang kaharap ang amo ay napaluha sa sama ng loob si Lagring, 36, Ilokana, dahil hindi binayaran ang kanyang dalawang linggong suweldo.

Kararating ng amo mula sa pagbiyahe sa Canada, at bago umalis ay sinabihan siya na puwede siyang lumabas sa panahong wala sila.  Sumagot naman siya ng may pasasalamat pa, at ngayon lang niya nalaman ang ibig nitong sabihin na mag day off siya.

Sa loob-loob niya, bakit hindi siya sinabihan ng diretso para malinaw? Kahit kasi pinalabas siya ay todong pagtatrabaho pa rin ang ginawa niya.

Akmanag tatalikod na ang suwapang na amo nang hindi nakatiis si Lagring at sinabi ang, “Ma’m..please wait. I do not mind if you do not pay me, I just want you to know what I did for two weeks.”

Habang pumapatak ang luha ay mahinahon niyang sinabi ang mga ginawa niyang paglilinis sa bahay. “I cleaned the house up-side-down,” sabi niya. “From the ceiling lamps, the walls, air- conditioner covers and filters, and I even washed the curtains...”. Hindi pa daw siya tapos magsalita ay nahiya na ang amo.

Bumalik ito sa kuwarto at ibinigay na ang kanyang buong suweldo. Lumuwag naman agad ang dibdib ni Lagring. Sadya daw kasing magulang ang amo sa pasahod. Katulad na lang daw ng kwentahan sa bayad ng arawan na suweldo o pro rata. Kapag si Lagring ang may utang na day-off ay divided by 30 days ang buwan, pero kapag ang amo ang may hindi pinagamit na day-off ay divided by 31 kaya mas maliit ang bayad sa kanya.

Sa inis ay sinabihan daw niya ang amo ng, “Ma’ m why not just divide it by 365/366 , na ang ibig sabihin ay yung bilang ng araw sa isang buong taon. Natigilan daw bigla ang amo bago tumango bilang tanda na tinatatanggap niya ang pagkakamali.

Dapat kasi ay 26 o 27 nga lang ang bilang ng araw na gagamitin sa isang buwan dahil iyon lang ang may trabaho ang isang katulong. Yung iba ay day off kaya hindi dapat ibilang.

Sa buwan ng Abril halimbawa, sa loob ng 30 araw ay may 5 Linggo, kaya dapat ay 25 lang nga ang dapat gamitin. Ibig sabihin, kung ang suweldo ay $4,310, divided by 25, dapat ang isang buwan na hindi inilabas ng isang katulong ay babayaran ng $172.40.

Ayon kay Lagring, hindi man umayon ang amo sa tamang kuwenta, dapat pa ring ipaalam para mapagtanto nila na ang kanilang ginagawang panggugulang. – George Manalansan

Macau on a budget

Kinailangang mag-exit sa Macau ni Myrna dahil matatapos na ang palugit na isang taon na ibinigay ng immigration sa kanyang visa. Umuwi kasi siya ng dalawang beses bago pa makapag renew ng kontrata dahil nagkasakit ang ama kaya wala na siyang bakasyon na natitira, at gipit din sa pera.

Eksaktong pamasahe lang ang ibinigay ng kanyang amo kaya napilitan siyang humiram ng pera para may gastusin sa isang araw na paglilibot, kasama na ang pangkain. Unang punta pa lang niya sa Macau kaya gusto niyang makasiguro na may ekstra siyang pera na panggastos kung sakali.

Kasama ang kaibigan ay nakapasyal naman sila sa ilang mga tanawin sa Macau bago nagkasundong umuwi na.

Habang naghihintay ng ferry pabalik ng Hong Kong ay may nakakwentuhan sila na isang Pilipina na kasambahay din. Napagkuwentuhan nila ang mga lugar na magandang pasyalan sa Macau at nasambit ni Myrna na masaya nga ngunit magastos ang mamasyal lalo na kung gipit sa budget.

Nang usisain siya ng kausap tungkol dito ay sinabi ni Myrna na kailangan kasing bumili ng pagkain at mamasahe ng ilang beses para makalibot.

Ayon naman sa Pinay hindi naman kailangan na gumastos ng malaki para makapamasyal sa Macau. Sa halagang $500, kasama na ang bayad sa ferry, ay maaari nang mag-enjoy sa pamamasyal, basta marunong ka lang.

Ayon sa Pinay, siya daw ay nagbabaon ng pagkain kaya hindi na kailangang gumastos para dito, at hindi na rin kailangang mag-ubos ang oras sa paghihintay ng makakain sa restawran. Hindi din siya gumagastos ng malaki sa pamasahe dahil sumasakay lang siya sa libreng shuttle na lumilibot sa mga magagarang casino doon.

Tuwang tuwa si Myrna sa mga ibinahaging kaalaman ng kausap dahil balak nilang magkaibigan na bumalik ulit sa Macau para mamasyal. Sa susunod, alam na daw nila ang kanilang gagawin. Si Myrna ay dalaga at kasisimula lamang sa ikalawang kontrata sa mga among intsik na may dalawang anak at nakatira sa Baguio Villa sa Pokfulam. – Ellen Asis

Tourist charged with trying to cash fake US$2 billion in bank drafts

A 57-year-old Filipina businesswoman appeared at the District Court on Apr 17 facing a charge of “using false instruments” for attempting to cash US$2 billion worth of allegedly bogus bank drafts in Tsimshatsui last October.

Elena S. Orosa was originally scheduled for plea-taking, but Judge Anthony Kwok adjourned the hearing for two months at the request of the defense.

A defense counsel said the woman was getting a Legal Aid lawyer and needed time for legal advice.
The judge said the defendant must prepare to plead whether she is guilty or not. He extended the woman’s bail.

Orosa, a tourist, was arrested on Oct 18 along with another Filipina visitor, Veronica F. Yambao, after they allegedly tried to cash the bank instruments at a Hang Seng Bank branch on Hankow Road.
Hang Seng staff who noticed that the bank drafts were fake alerted police and the two women were nabbed.

Orosa and Yambao were initially charged at Kowloon City Court on Oct 19. They were allowed to post bail of $6,000 each. The case came up for second mention on Dec 1, when the prosecution applied to transfer the case to the District Court.  There was no mention why only Orosa was named in the transfered case.

OWWA officer set to leave HK

By Vir B. Lumicao

Welfare officer Judith Santos

Welfare officer Judith Santos of the Overseas Workers Welfare Administration - Hong Kong will soon return home as her extended tour of duty is ending.

Santos told The SUN in an online message that her replacement, who she did not identify, will be arriving shortly to take over her post.

The departing welfare officer will be returning to the OWWA home office in Manila after serving in Hong Kong for nearly four years. Santos arrived here on May 15, 2014 and assumed her position two days later.

The officer said she had not yet received her airline ticket, so, she could not tell her departure date.

Santos said her recall is a decision of OWWA, an OFW welfare and insurance unit that is under the Department of Labor and Employment.

“It’s my time to go because my tour of duty ended last year but I was extended for nearly a year,” said Santos.

She considers her posting in Hong Kong, her first assignment abroad, as a learning process as it allowed her to get to know OFWs better through dealing with them daily.

“Siguro po mas naintindihan ko yun iba-ibang mukha ng OFW (and the) struggles and success stories ng iba,” Santos said.

Santos has had the rare opportunity of serving three labor attaches during her stint at the Philippine Overseas Labor Office, an extension of the Consulate that deals with overseas Filipino workers and all issues related to them.

When Santos arrived in Hong Kong, the incumbent labor attache was Manuel Roldan, who was recalled home after being investigated for malpractice on orders by then Consul General  Bernardita Catalla.

Roldan was replaced by Nenita Garcia, who ended her tour of duty prematurely because of poor health. Labor Attache Jalilo dela Torre took over from Garcia, but was recalled to the Home Office on Mar 26 for alleged corruption, a move that prompted widespread protests by members of the Filipino community.

Lakas-loob na nagsumbong

Naglakas-loob si Marlyn na ipa watchlist ang kanyang amo dahil noong nakaraang taon ay binuhusan ng mainit na tubig ang kanyang kamay ng kanyang alagang matanda habang siya ay naghuhugas ng kamay, at nitong huli ay sinaktan pa siya, ngunit hindi pinigil ng anak.

Isa pa, kahit nasa iisang building ay magkahiwalay ng tirahan ang kanyang amo at ang matanda, kaya bale dalawang bahay ang pinagsisilbihan niya. Lagi pang pinahihirapan ng matanda si Marly; lagi siyang kulang sa tulog at pagkain.

Pagkatapos siyang buhusan ng mainit na tubig ay sinubukan niyang magsumbong sa kanyang agency, pero ipinaabot lang nito ang reklamo niya sa matanda, kaya lalo itong naging maging mabangis. Nang sumunod na saktan siya ay hindi na nagdalawang isip pa si Marlyn na magpunta sa Philippine Overseas Labor Office para magreklamo at ipalagay sa watchlist ang amo.

Sinusubukan pa rin niyang magtiis ngayon dahil ayaw niyang matanggalan ng trabaho, ngunit hindi niya alam kung hanggang ano ang kaya niyang tanggapin. Natatakot din kasi siya na baka sa susunod ay mas grabe pang pananakit ang gawin sa kanya ng matanda.

Noong una ay atubili pa rin siyang magsumbong, mabuti na lang ay may nakilala siyang kapwa Pinay na nagbigay ng lakas ng loob sa kanya para magreklamo at ipaglaban ang kanyang karapatan. Si Marlyn ay naninilbihan sa dalawang bahay sa Tsing Yi at tubong Bulacan.

Dahil sa dalawang anak na nasa kolehiyo kaya nagtitiis si Marlyn. Gusto sana niyang matapos ang kontrata at nang sa gayon ay maluwag siyang makakahanap ng ibang amo pagkatapos. — Rodelia Villar

Filipino in child porn case jailed for 12 months

By Vir B. Lumicao

A Filipino sales executive who pleaded guilty to child pornography was sentenced to 12 months in jail by a District Court judge earlier today, May 7.

Lordjel Gelizon, 33, single, was found to have downloaded 32 photos and 138 video clips from child pornography websites as early as August 2013, and stored them in his notebook PC.

He was arrested during a police raid on a flat he shared with his family in Tsimshatsui at early on Apr 19, 2016, during an anti-child pornography operation. He was charged in January last year and the case was first heard in September.

His lawyer argued vigorously for a significant discount to the 18 months used as a starting point in sentencing, citing the two-year delay in prosecuting the case.

“We were sitting here two years after the event waiting when he’ll go to prison,” the lawyer said. He said his client’s life was on hold and under the strain of waiting because of the delay in taking the case to court.

But Judge Isaac Tam stressed repeatedly that “delay will not be a mitigating factor”. He said the prosecution was delayed because it needed more time to find out the ages of the children in the sex videos and photos, as well as to seek further legal advice.

Court records showed the images found in Gelizon’s computer were of children aged from 5 to 15 years doing erotic poses and sexual acts, including “penetrative activity” with adults without the use of condoms.

The prosecution submitted to the court a folder of photos and still shots from the videos

The judge pointed out that while the defendant suffered stress after his arrest, he managed to stay on his job as a sales manager and resigned only after he was charged.

The psychiatric report said Gelizon was now stable after being reclusive and anxious after he was charged in court.

The psychological report said his downloading the child pornography photos and videos was insufficient to suggest he was suffering from pedophilic disorder. The report also said the risk of re-offending was not high.

In mitigation, his lawyer said Gelizon had a clear record. He was born in Hong Kong where he attended elementary school, but left for the Philippines after his third year in high school. After high school, he enrolled in a marketing course but did not finish it.

He then set up a concrete block production business where he employed 12 relatives, but sold the business following a downturn.

He returned to Hong Kong and worked for various companies, where he rose from being a customer service officer in a logistics solutions firm to sales executive in an electronic services company, the defense counsel said.  All rights reserved.