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HK police drop case vs employers of Pinay who fell to her death in Shenzhen

Posted on 24 May 2018 No comments
By Vir B. Lumicao

Lorain Asuncion’s death: “... there was 
insufficient evidence to charge any person. “

Hong Kong police have released the former employers of Lorain Asuncion, the Filipina domestic worker who fell to her death on July 24 last year while in Shenzhen for a supposed holiday with the couple and their children.

A spokesman of the Police Public Relations Branch said in a message to The SUN that there was a lack of evidence to charge the couple, Gu Huaiyu and Ms Liu.

“After enquiry and investigation, police had sought legal advice and it was concluded that there was insufficient evidence to charge any person. The arrested 47-year-old man and the 32-year-old woman were released,” the PPRB spokesman said.
But the spokesman said that “police are still investigating the case.”

When contacted online on May 11, Asuncion’s sister Jenevieve Javier expressed surprise at how soon the police managed to close their investigation of the employers.

“Bakit ganun naman yata kabilis nilang tinapos. Lilinawin ko ulit sa kanila,” she said.

The police statement confirmed information from Javier, who came to Hong Kong for a four-day visit on May 7. She said an investigator called her up on the same day telling her the case against Gu and Liu was being dropped.

Javier said the officer told her Hong Kong police would now turn their attention to the circumstances of her sister’s death in Shenzhen.

She also said the police asked Asuncion’s family to submit documents pertaining to her beneficiaries. Javier said the documents required were copies of the very same documents that she had attached to the application for employee compensation that she had submitted to the Labour Department.

Danilo Baldon of the Philippine Consulate’s assistance to nationals section, who had been liaising with the police about the Asuncion case, also confirmed the dropping of the case against the employers.

Asuncion was 28 years old when she reportedly plunged to her death from the 22nd floor flat of Liu’s father in Longgang District, Shenzhen on July 23 or 24 last year.

Three autopsies were conducted on her remains but the findings were all the same – that there was nothing suspicious in her death.

Forensic experts from the Shenzhen Public Security Bureau and from a local university who examined Asuncion’s remains separately shortly after the tragedy had both ruled out foul play. A third autopsy by Hong Kong police on Nov 14 made the same findings.

The remains were brought to Hong Kong on Nov 14 for the standard autopsy before the deceased OFW made her final voyage home in a coffin the next day.

Maling date

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Nataranta nang husto si Flora, 40, isang Ilokana, nang dumating ang kanyang mga amo mula sa paglalaro ng golf na pagod at gutom na gutom. Pagsabi ng kanyang among babae na maghanda na siya ng hapunan ay ganoon na lang ang gulat ni Flora dahil wala siyang niluto.

Tinandaan niya kasi na iyon ang petsa sa kalendaryo kung saan sinulat ng amo niyang lalaki na hindi sila kakain sa bahay ng gabing iyon. Nang sabihin niya ito sa mga amo ay sinabihan siya ng lalaki na basahing maigi ang petsa kung saan iyon nakasulat, at noon lang napansin na sa buwan ng Mayo pala siya tumitingin, e Abril pa lang noon.

Nang malaman ng amo ang dahilan ng kanyang pagkakamali ay sinabihan siya sa banayad na salita na ipagluto na lang sila ng simpleng noodles, kahit udon o mifan na may sahog na balls o dumplings at gulay.

Pinagpawisan ng husto si Flora kahit medyo nawala na ang kanyang kaba. Hindi kasi iyon ang unang pagkakataon na pumalpak siya sa pagbabasa ng memo sa kalendaryo na sinulat ng kanyang mga amo. Mula noon ay itinaon niya sa isip na ilang beses na niyang sisiguraduhin ang mga petsang hindi siya kailangang magluto ng hapunan. – George Manalansan

Nanibago sa bagong amo

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Nahirapan mag-adjust si Joe, 38, taga Bataan, nang lumipat sa bagong among Intsik amo. Dati kasi siyang stay-out at tagapag-alaga ng isang matanda kaya hindi niya kinailangang makisalamuha sa maraming tao.

Lumipat siya sa bagong amo matapos mag-aral mag-drive, at na-offeran ng mas malaking suweldo. Mababait naman ang kanyang mga bagong amo.

Sa unang gabi niya sa kanila ay sinabihan siyang umupo sa hapag-kainan kasama ang isang kababayang babae. Dahil asiwang-asiwa siya sa pagkilos ay nakiusap siya na sa kusina na lang kumain sa susunod, at pumayag naman sila. Agad namang sumama sa kanya ang kasamang Pinay na hindi rin pala komportable na kasama ang mga amo sa hapag-kainan.

Hindi rin madamot ang mga amo sa pagkain. Isang araw ay may nakita siyang mangga sa kusina, at tinanong niya ang kasambahay kung puwedeng kumain nito. Ang sagot naman ng Pinay, “Ang sabi ni boss ay ganito, you can eat but do not finish it.” Tawanan silang pareho sa sinabi nito.

Sa pagdaan ng mga araw ay nagpatuloy ang pagkailang ni Joe sa mga ginagawa sa loob ng bahay ng amo. Minsan kasi ay sinita siya ni paupau dahil nakita siyang nagkakamay sa pagkain. “Oh ow wu cho, um kon cheng,”sabi ni paupau, na ang ibig sabihin ay madumi.

Napahiya si Joe kaya mula noon ay nagkakamay na lang siya ulit kapag sa labas nag-dinner ang mga amo. Ang isa pang pinuna ng mabait na matanda ay iyong paggamit niya ng malaking bowl sa pagkain. Medyo bitin daw kasi siya sa bowl na maliit, na siyang ginagamit ng mga Intsik sa pagkain.

Pagkakita sa kanya ng matanda ay sinabi ang “Whoa, sik kam to” na ang ibig sabihin ay ang takaw naman niya. Dahil medyo sanay na sa kantyaw ng matanda ay tinawanan na lang niya ito, at pagtalikod ay bumalik sa kanyang malaking kainan.

Bagamat naninibago pa rin ay natuto na ring sakyan ni Joe ang mga kaugalian ng mga amo, katulad halimbawa ng kapag may inabot sa iyo ay dapat dalawang kamay ang iyong gagamitin sa pagtanggap. Sinusunod din niya ang pamahiin nila na maligo ng may dahong pinakulo, sa kaisipang nakakatulong ito para mapaalis ang mga masasamang espiritu.

Sabi ni Joe, madami siyang natutunan sa kulturang Intsik ng dahil sa pagtira sa bahay ng amo. Hindi naman daw masama ang makibagay kung hindi naman makakasama sa iyo. Ang pinakaimportante, mababait ang kanyang mga pinagsisilbihan at hindi marunong magtanim ng galit. Maaaring sitahin ka ngayon sa ginawa mo, pero kinabukasan ay ok na ulit sila. – George Manalansan

Filipina set to plead guilty to $180k burglary

Posted on 23 May 2018 No comments
Filipina set to plead guilty to $180k theft
at District Court on Sept3

Vir B. Lumicao

A Filipina former domestic worker accused of stealing $180,000 from a commercial building in Central early this year is ready to plead guilty to a charge of burglary, according to her lawyer.

District Court Judge Anthony Kwok told Rachel B Rosimo on May 17 to return to the court on Sept 5 for the plea-taking.

Rosimo first appeared in Eastern Court, charged with one count of burglary and another count of breach of condition of stay. The case was moved to the District Court because of the severity of the charges.

The charge for the immigration offence was added after investigators discovered that Rosimo had worked as a domestic helper in Hong Kong, then remained illegally after he contract was prematurely terminated.

The 35-year-old woman, said to be a clerk, was originally accused of  theft, but the charge was subsequently amended to burglary.

A police report said Rachel Rosimo, 35, trespassed into the Sante Barley Ltd office in Room 1003, Lansing House on Queen’s Road Central, on an unspecified date and made off with $180,000 in cash.

The amended charge said she carried out the burglary with the involvement of other unknown persons. Police are still investigating.

Rosimo did not apply for bail, so she was kept in police custody.

German model fined $5k for taking stuff a Pinay had left behind

Posted on 22 May 2018 No comments
Court rules theft includes taking things
that are left behind

A female German model was fined $5,000 by an Eastern Court magistrate after she pleaded guilty to a charge of theft for taking a paper bag with two electrical appliances that a Filipina had left behind in a bakeshop in Causeway Bay.

A remorseful Melina Budde, 20, apologized for the offense after she was convicted on May 18 by Magistrate Peter Law. She went to court without a lawyer to represent her.

The prosecution said police arrested Budde on Apr 20 after CCTV footage of the Fusion Bakeshop in Park N Shop at Leighton Centre showed her making off with the bag, which contained a Panasonic cooker and Tefal hair straightener.

The investigators reviewed other CCTV footages in the area until they traced where  Budde was staying. They went to the place and found the defendant as well as the missing appliances there.

The owner of the appliances, Cristina  M. Escalona, told the police that she forgot about the bag after buying some stuff at the bakeshop at around 7am on Apr 18.

When the Filipina returned to the shop shortly afterwards to retrieve the bag, it was already gone, prompting her to report to the police.

Law imposed a fine of $5,000 as a sentence and ordered Budde to pay up within a week. She said she did not have that amount but would ask her parents to send her money.

Budde said she was due to fly out of Hong Kong on June 30, so, Law warned her she would be in deep trouble if she left without settling her fine. – Vir B. Lumicao



Education still top priority of OFWs—survey

Posted on 21 May 2018 No comments

By Daisy CL Mandap


Most Filipinos still go abroad to provide for their children’s education.

This fact is shown by a recently released survey on the impact of Card OFW Foundation’s Financial Literacy Program on overseas Filipino workers. The 91 respondents were randomly selected from among graduates of the program, which has been conducted in Hong Kong since 2011.

OFWs still have their priorities in mind.
The study showed that 51% of the respondents, regardless of the time since they completed the program, allocated their budgets mainly for their children’s education. This was far higher than the 34% allocation for their family’s daily needs.

Savings, which is one of the targeted goals of the program, only took up 21% of their budgets, slightly less than the 22% eaten up by medical expenses.

Surprisingly, allocating money for housing, which used to be identified as one of the biggest reasons why Filipinos go abroad to work, has fallen way below in the list of priorities, now accounting for only 19% of the respondents’ budget. But this could also be because the cost of houses is now beyond the reach of an ordinary OFW.

Card OFW Foundation noted, however, that while education ate up the biggest share of a migrant worker’s budget, it was also cited by respondents as the main reason why they borrow money.

“Although the survey is limited in finding out the reason behind this, on a more positive note, it is evident that education of the children is one of the most important priorities of OFWs,” said the report.

An interesting finding was the big number of respondents (77%) who said they had taken out an insurance in some form, apparently in response also to growing concerns about medical and health issues.

“Some of them, depending on their budget and number of dependents, afford to pay for more than one type of insurance but in all combination of insurances they avail, there is always a medical or health insurance. This shows they value health insurance, whether it is for their personal use or for their dependents,” said the report.

As for the program’s popularity among the OFWs, a whopping 97% of the respondents said that they liked the topics discussed, particularly budgeting (79%), goal settings (77%), needs and wants (70%) savings and unforeseen events (70%), investment (64%), and debt management (56%).

A big number (78%) of the respondents also said they liked the additional knowledge gained in managing their finances, for others the opportunity to save (66%) and the motivation to invest their money (54%).

Nearly all (92%) said they did not find anything to dislike in the program, but they wished for additional topics to be discussed, like investment and networking. A negligible number found fault in the lack of time to sufficiently cover all the topics, or the late start in the discussions.

Overall, the respondents gave a 4.4 rating on a scale of 5 to the program, indicating a high level of satisfaction from among those who took it.

But the program’s actual impact, based on the participants’ self-assessment, was not as dramatic.

The biggest change indicated by the respondents was the increase in their knowledge of budgeting, at 80%. This was followed by an increased awareness in listing down earnings and expenses (78%), the need to save (76%) and making sure that their expenses were in line with their income (62%).

“Most of the respondents revealed that after completing the Financial Literacy Program, most of them gained more than enough knowledge to help them improve their skills on budgeting and relatively giving importance to the value of savings as well,” said the report.

It also pointed out that the OFWs were not the only ones who received financial education through the program, but also their relatives who play an important role in managing the money that they send home.

Pinay DH held for drug trafficking

Posted on No comments

By The SUN

A Filipina domestic helper will appear at the Eastern magistracy on Jun 25 to answer a charge of drug trafficking.

Sharon V. Berces first appeared at Kowloon City court on May 21, but prosecutors told Magistrate Woo Huey-fang that her case would be transferred to the Eastern court.

The prosecution also opposed granting bail to Berces, citing the seriousness of the case and her being a  flight risk because she has no local ties.

Berces has been in custody since her arrest on Feb 28.

No other details of her case, such as the amount of drugs involved, were available.

Pagtataksil sa mga nagtiwalang OFW

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Ni Vir B. Lumicao

Hindi kami komportable sa pakikipagpulong ng Pangulong Duterte sa mga OFW dito sa Hong Kong noong Abril kung saan pumapel ang mga opisyal ng samahan ng mga lokal na employment agency.

Bago sila dumating sa Kai Tak Cruise Terminal para sa pakikipagpulong ng mga OFW sa Pangulo, na dumalaw dito noong Abril 5, ay isang marangyang hapunan sa tinuluyang hotel ang inihandog ng lider ng bansa sa “mga kaibigang taga-Hong Kong”.

Naganap ang sorpresang piging at pagdalo ng mga may-ari ng malalaking ahensiya sa “meeting with the Filipino community and forum” sa kainitan ng isyu ukol sa biglaang pagpapauwi ni Labor Secretary Silvestre Bello III kay Labor Attaché Jalilo dela Torre.

Nabigla ang marami sa 3,000 OFW na dumalo sa pagtitipon nang lumitaw sa VIP area sa harapan ng entablado ang pangkat ng taga-ahensiya at kitang-kita ang paglapit ng mga ito sa mga opisyal ng Gabinete, lalo na sa kalihim ng paggawa.

Kami man ay nabigla dahil ang pagpupulong na iyon ay ipinatalastas ng Konsulado na pakikipag-usap ng Pangulo sa mga OFW, isang bihirang pagkakataon upang maiparating ng mga manggagawa sa lider ng ng bansa ang kanilang mga hinaing.

Ngunit marami ang nabigo at doon mismo sa pagtitipon ay narinig namim ang kanilang himutok: “Akala ko ba meeting para sa mga OFW ito? Bakit nandiyan ang mga agency, bakit puro kantahan? Bakit puro pulitiko?”

Bago dumating ang araw na iyon ay umasa ang mga manggagawa na tatalakayin ng mga opisyal ng gobyerno ang isyung kinasasangkutan o mahalaga sa mga OFW.

Kabilang sa mga usaping ito ng pag-aalis sa overseas employment certificate (OEC), ang pagpapatupad sa IDOLE, ang permanenteng ID ng mga OFW na mahigit isang taon nang ipinangako ni Bello, ang pag-aalis sa contractualization, o “endo,” na pangako rin ng administrasyon, at ang pagrenda sa illegal na paniningil nga mga ganid na ahensiya sa Pilipinas at mga kasapakat nila rito sa Hong Kong. At siyempre, pati na ang hindi makatarungang pagpapaalis kay Labatt Dela Torre.

Bakit gustong dumirekta ng mga OFW rito sa Pangulo upan ihain ang kanilang hinaing?

Marahil, ito’y bunga ng malalim na pagdududa at malaon nang kawalan nila ng tiwala sa mga ahensiya ng gobyerno, tulad ng Philippine Overseas Labor Office, na siyang dapat nilang lapitan kapag may problema.

Bumalik lang ang tiwala nila nang dumating si Dela Torre, na isang maka-OFW.

Siya ang nagbawal sa mga amo na papaglinisin ang mga katulong sa labas ng bintana dahil marami na sa kanila ang namatay sa pagkahulog habang nagpupunas ng bintana. Umangal ang mga amo at ahensiya noong una, ngunit pormal na isinusog ng pamahalaan ng Hong Kong sa mga kontrata ng domestic helper ang patakarang iyon.

Naghigpit din si Labatt Jolly sa mga among terror sa mga katulong. Kumilos din siya laban sa mga ahensiyang sumingil nang labis o nagdadala ng mga bagong dating na kasambahay sa mga lending company upang mangutang ng perang kukunin ng ahensiya at kakaltasin sa sahod nila.

Nagprotesta at nagluksa ang mga OFW nang pabalikin ni Bello sa Maynila si Labatt Jolly dahil siya ang nagbalik ng tiwala ng manggagawa sa POLO. Umasa silang pati ang isyu ukol sa labatt ay matatalakay nila nang direkta sa Pangulo. Ngunit nabigo sila.

Ang paglitaw ng may-ari ng ahensiya sa hanay ng mga VIP at ang “dinner treat” ng Pangulo sa pangkat na iyon ay nakadagdag lang sa pagkabigong naranasan ng mga OFW.

Marahil ay hindi nakita ng Pangulo ang magiging negatibong dating niyon sa mga OFW rito. Tila hindi nakakarating sa kanya ang pananamantala ng mga ahensiya sa mga katulong at pagpapabaya sa mga ito kapag minamaltrato ng mga amo.

 Kung sinuman ang nakaisip na yayain ang mga ahensiya sa pagtitipon noong Abril 5, halatang iyon ay sinadyang pagtataksil sa mga OFW.
           

Termination of employment

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By Cynthia Tellez

The death of an employer of a foreign domestic worker in Hong Kong is also the end of the worker’s employment contract. They are co-terminus. Meaning, when your employer died, your employment contract with him/her ended, and you have 14 days left on your visa - or less, if it expires earlier than this period. This is because the employment contract is not transferable. If you will continue to work in the same household, another member of the household should sign a new contract with you or you may look for another employer.  Be conscious of this as you may overstay your visa.

It is therefore important to inform the Immigration Department of the circumstance to determine your status. Bring a copy of the employer’s death certificate or a letter from your employer’s family member to explain the situation. 

With regards your end-of-contract payments, if the deceased has a family like a spouse or children  who are willing to pay you the contractual obligations, well and good as you  can easily settle the matter. But if there is no family member, then you have to find out who is the executor or administrator of his/her estate or if he/she left a will at all.  If the deceased employer has a will, you just have to wait for the execution of the will to settle your deceased employer’s contractual obligations with you.

If uncertain and no one wants to take responsibility for the settlement of your claims under the employment contract with the deceased, you can go through the normal procedure for unpaid wages. File  your claims at the Labour Relations Division (LRD) of the Labour Department. Go to the designated LRD branch depending on the deceased employer’s address. The defendant would be whoever is the executor or administrator of the estate . If you do not know who it is, you have to check at the Probate Registry (the Labour Officer will guide you) which is at the High Court, to know if there is a will left. The Registry will give you a certificate stating who is the valid executor/ administrator of the estate/properties.

 If, at the Labour Relations Division meeting, the matter is not settled, then the usual procedure should follow: the case is endorsed to the Labour Tribunal if the amount of claim is from $8,000.00 or above; and if less than $8,000.00, it should be at the Minor Employment Claims Adjudications Board (MECAB).

If there is no record of the deceased at the Probate Registry, you will not be given a certificate. The Labour Tribunal or MECAB should be able to proceed with the hearing on a set date and issue you an Award/Order so you can then proceed to apply for the Protection of Wages with the Insolvency Fund. The Hong Kong government put up this fund for any eventuality like this one when the worker is left hanging, uncertain on how to claim unpaid salaries and benefits, like when an employer files for bankruptcy.

There are times, however, when the Labour Tribunal officer does not issue a hearing date and therefore no Award /Order is issued. You are stuck. File an appeal against the Labour Tribunal Officer’s decision so you could apply for Protection of Wages on Insolvency Fund.  Whether or not the deceased left a will and the funds are not enough to pay the creditors, you have to be patient to wait for the court to decide.  Again, you can apply for new employment with the Immigration Department while this is being settled.

If the above procedure sounds complicated, you may consult service providers for migrant workers/foreign domestic workers.

The above circumstances are experiences of migrants approaching the Mission. We can draw some lessons from them as preventive measures to avoid being put in a difficult situation in claiming what is rightfully and legally yours.

1. While there is sufficient time, it would be good to know some immediate relatives / next of kin of your employer. This is not only for your sake but also for the sake of your employer. In case something happens, you can immediately inform the next-of-kin for any decisions that need to be made.

2. With regards to claims for unpaid wages, while government agencies may insist that it is not their duty to look for anyone who can act as respondent (next of kin of employer or administrator of the estate) to answer for the claims filed against the deceased employer, they should be able to help you take a step forward and file a claim under the Protection of Wages on Insolvency Fund. Consult a service provider if this does not happen.

3. Try your best to also know your employer’s best friends so they can help provide you with the necessary information that is needed in filing your claims.

4. Keeping a diary will help. It would help if you record important information and incidents like amount of wages you received, the date and the amount given to you and who handed you the money. If your salary is being deposited in your bank account, it’s good practice to regularly update your bank book to show consistency of entries. The details that you list down will make it easier for you to make a detailed and accurate claim, especially in the absence of receipts that your employer may have failed to provide.  So in addition, keep all pieces of paper given by your employers, especially those containing instructions of what they want you to do. It might be of use someday.

5. While filing your claims, try to look for a new employer. Your case might take too long especially if it is really difficult to find out who can decide for whatever properties or moneys are left behind by your deceased employer. The Immigration Department might not issue further extension of visa if your case is in a deadlock situation. But they might consider change of employment, “death of employer” being one of the exceptional cases under the Two-week Rule. If you have found a prospective employer, the only thing that you need to have is a copy of the death certificate of your employer or a letter from the family or close friends informing Immigration of the death. You may then work on completing the required documents for your claim while processing a new employment contract.

6. Lastly, when in doubt, consult service providers that you know.

For any assistance, you may call MFMW or the Mission at 2522-8264. 

---
This is the monthly column from the Mission for Migrant Workers, an institution that has been serving the needs of migrant workers in Hong Kong for over 31 years. The Mission, headed by its general manager, Cynthia Tellez, assists migrant workers who are in distress, and  focuses its efforts on crisis intervention and prevention through migrant empowerment. Mission has its offices at St John’s Cathedral on Garden Road, Central, and may be reached through tel. no. 2522 8264.

2 Filipinas in online sex ring case apply for bail

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By Vir B. Lumicao

Two Filipina domestic helpers appeared in Eastern Court again today, May 21, to apply for bail after being charged for their alleged roles in an online prostitution ring allegedly ran by their elderly female employer from her luxury flat in Mid-Levels.

The two defendants, Joan E. Palpal-latoc, 40, and Jeanette V. Gallego, 47,  were formally charged in court on May 18 for allegedly operating three dating websites offering sex services that targeted wealthy foreign tourists.

Palpal-latoc and Gallego each faced a charge of “living on the earnings of prostitution of others” for the past nine years from 2009 to 2018.

The two Filipinas were hired by a certain Miss Wong as domestic helpers in 2009, the prosecutor said.

They were arrested on Tuesday, May 15, along with Wong, her 72-year-old sister, and a male person during a raid by police on a flat on the 43rd floor of Tavistock II, a residential tower on Tregunter Path.

The three local Chinese suspects were allowed to post bail while the two maids
were taken into custody and formally charged in court.

Magistrate ordered 2 Filipina suspects to apply for bail
Magistrate Peter Law ordered the two Filipinas to apply for bail, after asking the prosecution why they were not given temporary liberty like the other accused. The prosecutor said it was due to the Filipinas' lack of local ties, the seriousness of their offense and the high risk of flight.

But on the date set for the bail application, the maid's lawyer could not be in court until around 1pm, forcing Law to adjourn the bail hearing to Jun 4. 

The case itself will be heard again on Jul 13.

The prosecution sought an adjournment of eight weeks to allow enough time for a forensic examination of six to eight hard drives of four PCs, several mobile phones, seven telephone main lines, phone recordings, and 17 ledgers containing records of transactions that police seized.

Local newspaper reports said the raiding teams also confiscated $10 million in cash, share certificates and a car.

The reports which quoted a police officer also said Wong controlled the syndicate, taking calls directly from customers who sought sex services.

The website operated by her domain company allegedly displayed pictures of foreign women who worked as prostitutes, and promoted all-day high-quality escort and massage services for $6,000 to $7,000 an hour.

The investigation of Wong and the two others is continuing.

Police started investigating the operation after suspicious websites offering “compensated dating” services in Hong Kong appeared on the internet and targeted foreign tourists.

The sites claimed such services are legal in Hong Kong and that the women, as well as men, are mostly Westerners including Russians and other East Europeans.

Three teams of officers posing as customers contacted the websites and transacted business. When they raided the premises, they found the two Filipinas still at work. They said Papal-latoc arranged the special services while Gallego received commissions of 0.4% per transaction.

The two were returned to police custody pending their bail application. 


HK bowlers bag gold medal, trophies in Makati tourney

Posted on 18 May 2018 No comments
By Vir B. Lumicao

Gracia Pierrepont won a gold medal for Filipino Bowling Club HK by recording the highest pinfalls in the Ladies Masters event of the Asian Filipino Bowlers Friendship Games 2018 held in Makati on Apr 28-29.
FBCHK players renew friendship with their fellow competitors. 

But the team managed to snare only a fourth runner-up finish in the game’s Team Grand Slam.

The Hong Kong-based bowlers also took the second runner-up trophy in the Men’s Masters event courtesy of Jimmy Manalo, and fourth runner-up place by Danny Simoy in the event.

Fifteen top keglers from the Filipino community in Hong Kong took part in the competition held at the Makati Square Superbowl Bowling Center.

According to FBHK founder and chariman Jenny Gafate, the wins came as a pleasant surprise as her team went into the competition not hoping to win prizes after an unsuccessful campaign last year in Singapore.
delegation head Jenny Gafate and teammates with their team trophy.

She said they took part, only hoping for “friendship on the lanes” as they knew there were many excellent players in the regional competition. Being able to take part in the international tournament was already a victory for them, said Gafate.

Gafate said it will be FBCHK’s turn to host the Friendship Games in 2019. It is a task that does not faze them, as they have hosted top-league bowling tournaments in Hong Kong in the past, with legendary Filipino players Rafael “Paeng” Nepomuceno and Olivia “Bong” Coo coming over as guests.

Twenty members of the team will be divided into five teams when they compete against bowlers from around the region and Australia, according to Gafate.

Balik-tanaw sa Po Toi Island

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Ni George Manalansan

Sa kabila ng malakas na ulan at hangin ay hindi mapigilan ng grupo ni Lia Galve ang pananabik na marating nila ang isla ng Po Toi nang magsagawa sila ng kanilang ika-tatlong “Friendship Hike for a Cause” noong ika-15 ng Abril. Mabuti na lang at mga isang oras matapos silang magdesisyon na ituloy ang lakad ay parang milagrong bumuti ang panahon.

Sa Blake Pier ng Stanley, bandang alas 11 ng umaga, nang magkita-kita ang grupo kasama ang kani-kanilang mga kaibigan para sa kanilang nakatakdang pamamasyal sa Po Toi. Habang naghihintay ng “kaito”, o maliit na ferry na maghahatid sa kanila sa isla ay masayang nagkumustahan ang grupo. Maya-maya pa ay biglang sumungit ang panahon. Dumilim ang langit bago bumuhos ang ulan na may kasamang hangin.

Isa sa pinakamataas na bundok sa isla.
Napaisip bigla ang grupo kung itutuloy pa ba nila ang hiking. Hindi kasi biro ang maglakad sa maputik at madulas na daanan, bukod pa sa siguradong mababasa sila at bibigat ang mga kasuotan.

Lalong tumindi ang kanilang agam-agam nang dumating na ang kaito, eksaktong 11:30 ng umaga. Agad silang nagkunsultahan. Sasakay ba sila o magpapaiwan? Tumingala silang lahat sa langit na para bang humihingi ng senyales sa kalikasan. Isang batikan na sa hiking ang nagsabi na malamang na titigil din ang ulan dahil abot-tanaw ang maaliwalas na panahon sa may di kalayuan. Isa sa kanilang kasama ang nag-alinlangan, pero biglang sumagi ang dating karanasan sa bukid kung saan malalaman mo sa hitsura ng ulap kung magpapatuloy ba ang malakas na ulan o titila din paglipas lang ng ilang minuto. Sa tingin niya, hindi magtatagal ay mapapawi din ang sungit ng panahon kaya sumama na siya sa pagsakay sa bangka.

Pagdaong nila sa isla ay umaambon pa rin, at dahil oras na ng tanghalian, nagpasya silang kumain na muna. Sa hindi kalayuan ay matatanaw na ang ginagawang templong kawayan, at sa bungad naman ay mga lumang tindahan ng mga pinatuyong lamang dagat at sariwang seaweed, na siyang pinaka-kilalang produkto sa isla. Dahil may kanya-kanya silang dalang baon ay nagpasya silang bumili na lang ng seafood noodles para hindi nakakahiyang makigamit sa mga mesa doon.

Pagkakain ay tila nakiayon ang panahon dahil biglang nagliwanag ang paligid. Tuwang-tuwa ang lahat dahil siguradong isa na namang kaaya-ayang paglalakad ang kanilang mararanasan, dito sa mga isla na kilala bilang “South Pole of Hong Kong”.

Sa umpisa ng kanilang paglalakad ay kinailangang tahakin ng grupo ang isang mistulang kagubatan na mga 100 metro ang haba. Bagamat masukal ay naaliw naman sila sa dami ng mga tutubi at paro-paro sa paligid, na para bang umaalalay sa kanilang paglalakad.

Paglampas dito ay agad na tumambad sa kanila ang kakaibang tanawin ng mga bulubundukin at talampas na gawa sa granite, na siyang karaniwang makikita sa mga litrato ng Po Toi. Sa umpisa ay parang nakakatakot na tahakin ang lugar, nguni’t agad ding mapapansin na sementado ang daraanan, at may mga hawakang rehas bilang dagdag sa seguridad sa mga namamasyal dito.
Mabatong lakbayin.

Mula sa daraanan ay makikita ang isang hagdanan papunta sa gilid ng dalampasigan na walang tigil na hinahampas ng alon. Hindi maipagkakaila na malakas ang alon dahil kitang-kita ang pagkahawi ng mga seaweed tuwing salpok nito sa pampang. Ang isa pang nakatawag-pansin ay ang maraming ibon sa naghahanap ng matutuka sa buhanginan.

Ang isla ng Po Toi ay tinatayang apat na kilometro- kuwadrado ang kabuuang sukat, pero may 200 katao lang na naninirahan. Kabilang sa mga na may landmark o muhon sa isla ang Tin Hau temple, ang Old Mansion of Family Mo na may reputasyon bilang isang haunted house, at ang mga naglalakihang mga bato na iba-iba ang hugis, katulad ng Palm Rock na hugis-palad; ang Tortoise Rock na mistulang pagong na gumagapang paakyat; ang Monk Rock na animo ay isang monghe na nakaupo at nagtuturo sa mga maliliit na bato sa paligid na parang mga batang monghe.

Sa isang mataas na bahagi ng isla ay makikita ang isang lighthouse. Matatanaw mula dito ang timog karagatan ng Hong Kong, ang mga naglalayag na mga barko, speed boat, at kaito, ang pati ang mga karatig na isla.

Makatawag-pansin din ang isang pader sa gilid na isang bato kung saan makikita ang mga nakaukit na mga hayop, isda,  ulap, kidlat at tao, at ayon sa impormasyon doon ay mahigit 3,000 taon na ang mga ito. May makikita ding mga inukit na mga anito at totem pole ng mga sinauang tao na nanirahan dito ilang libong taon na ang nakakaraan,

Ang Po Toi ay isa sa walong isla sa Hong Kong na may rock carving sa tabing dagat. Ang iba pa ay Shek Pik, Cheung Chau,  Wong Chuk Hang,  Big Wave Bay,  Lung Ha Wan,  Kau Sai Chau,  Tung Lung Chau.  Ang pag-aalaga sa mga rock carvings na ito ay isinailalim sa HK Antiquities and Monuments Office para masiguro ang kanilang pagpapanatili

Kitang kita ang pagsisikap ng pamahalaan ng Hong Kong na gawing kaaya-aya ang pamamasyal dito dahil maraming mga portable toilet sa paligid para sa mga bisita na hindi mapigilan ang tawag ng kalikasan.

Sa isang dako naman ay may isang sementeryo na kadalasang iniiwasang mahagip ng camera ng mga nag se selfie,

Tuwang-tuwa ang lahat ng mga sumali sa lakad dahil nakakita sila ng mga kakaibang tanawin, at nakaramdam ng kakaibang ihip ng hangin. Kabilang sa kanila sina Edna Solidad at Rowena Arandia, na mga nature lover daw.

May dalawang residente din na nag-enjoy, ang magkapatid na sina Ronnie at Marissa Torralba, na natuwa dahil isang magandaang paraan daw ng pag-eehersisyo ang kanilang ginawa.

Bago umuwi ay hindi nakaligtaan ng grupo na bumili ng mga pinatuyong seaweed sa halagang $10 lang bawat pakete. Bukal sa loob din silang nag-ambagan para sa itinakdang beneficiary ng kanilang proyekto, ang mga bata sa Guimaras Island kailangan ng tulong para sa kanilang mga gamit sa eskuwela, sa pamamahala ng children’s ministry ng Guwainon Fundamental Baptist Church.

Madali lang puntahan ang Po Toi island. Mula sa Central ay sumakay ng bus 6, 6A, 6X, 66, 260 papunta sa Stanley Blake Pier, at mula dito sumakay ng kaito papunta sa isla.

Domestic helpers not getting fair deal in illegal work cases

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By Vir B. Lumicao

Cynthia Abdon-Tellez
Foreign domestic workers seem to be getting the short end of the stick in Hong Kong courts for offenses they commit in partnership with, or on orders by their employers.

An NGO officer said such unequal treatment of migrant workers in court used to be blatant in the past but decreased when the judicial system came under criticism from workers’ rights advocates. Now, it seems the inequity is returning, she said.

Cynthia Abdon-Tellez, general manager of Mission for Migrant Workers, said Hong Kong courts are missing the point. The main issue in the play of employer-employee relations according to her is, who makes the decision?

“It’s the employer, definitely”, she told The SUN. “Hindi naman kadarating mo lang dito para sabihin mo na ‘Ma’am, sa labas na lang ako matutulog ha.’ Hindi naman e, kasi kung ano yung i-provide sa iyo yun ang tatanggapin mo.”

The migrants rights advocate said that even when it comes to illegal work, it is usually the employer who demands that the helper work in his office, shop or in his parents’ home, and all the worker can do is follow this order for fear of losing her job.

In March, a Filipina helper was convicted after pleading guilty to “breach of condition of stay” and “making false representation to an immigration officer” after her arrest in May 8, 2016 while working in her employer’s office.

Cecelia Guevarra’s sentencing was postponed after she agreed to testify against her employer, May Lui, who was also arrested but pleaded not guilty to the offence of abetting her maid’s illegal work.

In her testimony against Lui, Guevarra said she was ordered by the employer to work in her office as a cleaner. The Filipina said that between June 2015 to Dec 2016, she spent 30% to 40% of her work time at Lui’s office.
Cecelia Guevarra

But a former office staff of Lui contradicted Guevarra’s evidence, saying the employer moved to Central in November 2015, instead of Feb 6, 2016 as the Filipina had claimed.

On the basis of this testimony, Magistrate Winnie Lau acquitted Lui on Feb 2, saying Guevarra’s evidence was unreliable.

Three days later, another magistrate, Lam Tsz-kan sentenced Guevarra to six weeks in jail for two charges of breaching her condition of stay and three months for false representation, with the sentences suspended for three years.

Another case in which the worker and her employer were sentenced unevenly involved maid Diana Segui and her employer Caroline Sia, who had evaded arrest for months.

Segui was convicted on July 2015 by Magistrate Andrew Ma after she pleaded guilty to “making a false representation to an Immigration officer” for agreeing to live outside her employer’s home. She was sentenced to four months in jail, suspended for three years.

Barely two weeks later, Sia received a far more lenient sentence of two months in jail suspended for a year after she pleaded guilty in a separate trial to “conspiracy to make a false representation to an Immigration officer”.

In recent years, there had been other similar cases. In one, the helper was ordered by the employer to wash the dishes in his restaurant or mind his vegetable stall. The maid got arrested and ended up in jail while her employer was not even charged at all.

Abdon-Tellez noted that some magistrates appear unhappy with the unfair application of the law, including one in Shatin Court who often scolded immigration prosecutors in illegal work cases.

She remembered the magistrate saying, “You’re not looking at the play of power in the employer-employee relation. I always remind you that in cases like this, especially illegal work, the breach doesn’t happen without the employer’s command. But it’s the worker that you arrest.”

The magistrate reportedly said his hands were tied during sentencing because the prosecutors did not consider who the real decision-maker was in such relationships.

Abdon-Tellez called for law enforcers to address the disparity, saying that in reality, the helper often does not have any choice but to follow the illegal orders of her employer, as she has mouths to feed and debts to pay back home.

High Court judge typed out theft complaint vs maid, court told

Posted on 17 May 2018 No comments


Judge reportedly typed out the theft complaint by his domestic helper against his other maid


By Vir B. Lumicao  

A High Court judge allegedly typed a statement by his Filipina domestic helper accusing his other Filipina maid of stealing an envelope containing $3,700, the Eastern Court heard on May 15.

The supposed theft victim, Rossini Cagalitan, made the admission during the trial of her fellow domestic worker Marites Canacio.

On cross examination by defense counsel Mohammed Shah, Cagalitan admitted that her statement was made by Justice Jonathan Russel Harris, before it was passed on to the police.

The judge, who employed both Filipinas in his residence on Mt Kellett Road, The Peak, was at the courthouse the whole day, but stayed outside the courtroom.

Eastern Magistracy
Canacio originally faced two charges of theft, including her alleged pilfering of the judge’s wallet which contained $600. That charge was later withdrawn by the prosecution before the case went to trial.

Cagalitan also admitted that Harris instructed her to pack the belongings of Canacio on the day she was terminated and sent to her employment agent on Jan 13.   

“My employer told me to pack the defendant’s things just in case I find my wallet,” said Cagalitan, whose testimony and cross-examination by the defense lawyer lasted the whole day, and was still not finished when Magistrate Cheung Kit-yee adjourned the trial at around 5pm.

Cagalitan was put on the spot when Shah presented her sworn statement in which she said Harris had told her he was terminating Canacio, and replacing her with his former Indonesian helper Jamini, who had returned home shortly after the defendant arrived in the household.

Cagalitan confirmed that the signature on the document was hers, but denied saying that Harris told her Jamini would return to replace the defendant.

“I put it to you that the statement is true and that you are not telling the truth,” the lawyer said.

Cagalitan said she did not notice the questioned part of the statement as she was being interviewed by Harris while typing the statement.

“You didn’t do the statement in the police office?” Shah asked and the witness agreed.
“So you prepared the statement in the house of Judge Harris, then gave the statement to the police?” the lawyer asked and the witness said yes.

Shah told the magistrate that he would like to call the judge to the witness stand, but Cheung said that would be asking him to give evidence based on hearsay.

The defence lawyer again raised doubts about Cagalitan’s evidence when he asked her if she had good relations with the defendant, and she said their dealings were limited to work-related matters as she distanced herself when she suspected her of stealing.

Shah then provided the court copies of Whatsapp messages between Cagalitan and Canacio in which the accuser had earlier asked the defendant to buy $2,200 worth of Googleplay cash card to remit money to her family. The lawyer asked why she had entrusted that much money to the defendant?

In reply, Cagalitan said she was not the only victim of the defendant, adding that Jamini lost $500, Harris initially lost $100, and then $600, when his whole wallet went missing, She said when the envelope containing the $3,700 went missing on Jan 6, she told the employer’s Japanese wife Yuka about it.

On Jan. 13, a day after Harris allegedly lost his wallet, the judge told Cagalitan to help the defendant pack her things, as she had signed a termination letter. Harris reportedly paid the defendant $3,335 representing transportation money and her 13 days’ salary.

Cagalitan said Harris watched while she packed Canacio’s belongings in front of the first floor main door while the defendant sat crying nearby. The witness said Harris then called a taxi and helped load the dismissed maid’s luggage onto the vehicle.

On the evening of Jan 14, police arrested Canacio at the Hong Kong International Airport as she was about to board a flight to Manila. She was charged with theft and was interviewed by the police before being allowed to post bail.

The trial resumes on May 23 with the continuation of Cagalitan’s cross examination and the testimony of the second witness, Mrs Harris.
    

    

Replicas of ancient Filipino sailboats arrive in HK to relive history

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By Vir B. Lumicao

A fleet of three balangays, hardwood sailboats that natives of the pre-Hispanic Philippines used to sail the seas, arrived in Hong Kong in the early hours of May 14 to reenact a historic voyage to China by a sultan of Sulu 600 years ago.
One of the three balangays which docked at the HK Yacht Club in Causeway Bay. 

The boats arrived at the Royal Hong Kong Yacht Club on Kellet Island in Causeway Bay at 3am on Monday after setting out on May 12 from the Chinese city of Xiamen, the first stop of their estimated 3,000 nautical mile voyage that began in Zamboanga on Apr 28.

The fleet, led by the motorized command vessel “Sama ng Tawi-tawi” berthed for three days at the Yacht Club quay along with the “Lahi ng Maharlika” and the “Sultan Sa Sulu.” The crew was treated to a welcome dinner at the Consulate on May 14.

The balangay or Butuan boat is known as the oldest pre-Hispanic watercraft found in the Philippines, and was the first wooden watercraft excavated in Southeast Asia.

The sailboat “Sultan Sa Sulu” is a replica of the sea-going vessels that natives of the archipelago used in bilateral trade with the Middle Kingdom long before the Spanish colonizers arrived.

Art Valdez, leader of the 31-man expedition, said that the port call on Hong Kong completes a voyage to China that he began with a volunteer crew of mixed professions in 2009 to reenact the tributary visit of Sultan Paduka Batara to the Ming Dynasty emperor Zhu Di of Yongle in 1417.

That 17-month voyage began in Tawi-tawi and sailed on to Malaysia, Brunei Darussalam, Indonesia, Singapore, Thailand, Cambodia, and the territorial waters of Vietnam.

But it did not proceed to China as planned because crewmembers decided to return to their families for Christmas.

Last year, exactly the 600th anniversary of Batara’s voyage, Valdez and his crew set out again from Tawi-tawi but called off the expedition when they reached Manila because of rough seas, said John Manginsay, the navigator and only schooled seafarer on the team.

Valdez said the voyage had nothing to do with the ongoing dispute between the Philippines and China over clusters of islands and atolls in the South China Sea, renamed a decade ago by Manila as the West Philippine Sea. 

“What we are trying to do is renew the ties that bind us not only to China but to all of Southeast Asia,” said 69-year-old Valdez, an adventurer from Bacolod who led the first Filipino team that reached the summit of Mount Everest a decade ago.

“This boat has nothing to do with present issues. It simply symbolizes the thousands of years of relations that we have among the people of Southeast Asia,” Valdez said.

Long before the wrangling over the Spratlys, Kalayaan Islands, Scarborough Shoals, and Reed Bank, and other coral formations in the disputed zone, inhabitants of the region were united as a people, connected by waters, as symbolized by balangay, he said.

Then came the western colonizers who divided the globe among themselves.

“My point is, the people of Southeast Asia must be at peace with each other… The key here is let’s renew the ties … because that’s the only way we can progress,” he said.

Manginsay, a graduate of the Philippine Merchant Marine Academy who worked on a giant tanker and has migrated with his family to the United States, joined the first expedition in 2009 while on vacation in Butuan City from the ship.

At the time the Butuan middle class was supporting Valdez build a balangay similar to the ones that natives of the city built centuries ago. They were recruiting volunteers and when they learned he was a merchant marine, they said he was just the man they needed because he could “navigate though the stars”.

He was told there was “a Philippine expedition using the balangay to rekindle the maritime consciousness of our people and retrace the migration of our forefathers.”

The seafarer thought he would be skippering a ship, but to his surprise, it was a fleet of wooden sailboats without a navigation system. At first he balked, but then he said he was excited at the challenge and the significance of the voyage.

“Suddenly, along the way, there was a spirit that pushed me into this journey, if you believe in calling,” he said.

Now a father of two who turned 34 in the high seas on May 2, Manginsay considers this voyage as a priceless experience that he would teach his students in future.

   Valdez said his crew of volunteers came from different professions, including doctors, but were mostly mountaineers like him. Two of them are women who joined him on the first Filipino team that conquered Mt Everest, while the third female volunteer is a medic from Pangasinan.

Unlike the crew of the first voyage who were all from Butuan, the present team came from various provinces. They had different religions, including Islam, and one had none, “but we all pray together before sailing and when we reach our destination,” he said.

So, they will begin their voyage home on May 16 with a prayer for safety and good weather as they complete an advocacy that began nine years ago.

Police cleared of conducting undue body searches on Filipina maid

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T
The magistrate doubted the Filipina's claim of repeated strip searches

By Vir B. Lumicao

An Eastern Court magistrate has rejected an attempt to include alleged repeated body-searches and other misconduct by police in the defense evidence of a Filipina domestic helper accused of theft, as the main trial of her case began.

Magistrate Simon K.F. Ho also cleared the investigators on May 16 of complaints of misconduct brought up by the defense before the trial of defendant Margie Lotino started.

Ho said he did not find any material substance in the defendant’s accusations against the officers who arrested her and handled her case.

Lotino said that during the body searches, female investigators singularly or in pairs allegedly ordered her to strip down to her underwear then looked into her bra and panties for any stolen items. Only one report of the body searches was made.

But Ho said he did not see any reason to doubt the evidence given by the five officers, who all said during cross examination that they did not remember any of the incidents cited by Lotino. They were identified by Lotino in an ID parade and called to the witness stand on Apr 20.

Ho said he rejected the evidence of Lotino that various investigators bodily searched her, starting from the night they arrested her in the house of her employers in January. The bodily search reportedly continued at the Western Police Station, then to the Wanchai Police Station where she was transferred, then back at Western station.

The magistrate said he based his decision on the ground that the complaints against the officers were not mentioned in the affidavit that Lotino submitted in court. He said the charges were added when the case was already being heard in court. 

Lotino pleaded not guilty on Mar 13 to a charge that she stole $500 and a lip balm from her female employer on Jan 2.

When the case went to trial on Apr 20, she accused her employer, purportedly a police officer, of having set her up. Her lawyer raised the issue on the alleged police misconduct and asked Ho to call the officers to the witness stand to answer the accusations.

The maid said she signed a police statement admitting the offenses because she was cold, hungry, tired from lack of sleep and under intense pressure from the body searches and interrogations that lasted more than 14 hours before she was released on bail.

During the ordeal, the police reportedly refused to give her water or make phone calls to the Consulate or to the Hong Kong employment agency that deployed her.

Agency representative Melanie Fisher, taking the witness stand for the defense on May 16, said Lotino went straight to the agency distraught after being released by the police.

Fisher told her to rest, as it was then past 6pm and the Consulate was already closed. The next morning, she took Lotino to the assistance to nationals section where officer Danny Baldon met them, but he told them to return the following day because of a meeting.

As a result of the magistrate’s rejection of the defense’s proposal, the duty lawyer representing Lotino decided to call her again to the witness stand. But as it was already late in the afternoon, Ho adjourned the case to June 7.

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

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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

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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

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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

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