Karahasan

Nakapanlulumong panoorin sa TV ang mga karahasang nangyayari sa paligid natin. Parang wala nang katuturan ang walang habas na paninira ngayon. Hindi na ito upang gumawa ng punto, hindi na upang magbigay ng mensahe, hindi na upang magpakita ng mas magandang argumento upang makamit ang pagbabago.

Ano ba naman, halimbawa, ang magandang  idudulot ng pagwasak sa mga kagamitan at pagsunog sa mga istasyon ng MTR? Ang mga nanira rin ang walang masakyan kinabukasan, at nadamay pa ang karamihan.

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At ngayon, ang buong ekonomiya ay nasasaktan. Pinangangambahan ang pagdating ng recession, o ang pag-atras ng ekonomiya. Isa sa nga dahilan nito ay bumagsak ang numero ng mga turista, na nagbibigay ng trabaho sa maraming tao. Humina rin ang negosyo ng mga bangko, na isa sa pinaka-malaking pwersa ng  ekonomiya, at real estate.

Hindi naman ganito ka-grabe noong nagsisimula pa lamang ang protesta laban sa isang panukala sa Legislative Council na payagan ang mga bansang walang extradition treaty sa Hong Kong na kunin din ang kanilang mga kriminal na nagtatago dito. Ayon kasi  sa mga lider ng protesta, pwede itong gamitin ng China upang kunin din hindi lang ang mga kriminal kundi iyong mga negrerebelde laban sa komunista nitong palakad.

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Hindi ba umabot pa sa dalawang milyon ang nag-martsa mula sa Victoria Park hanggang sa Central Government Offices? Ito ay noong iisa pa lamang ang kahilingan ng mga protesta.

Nagsimula ang karahasan nang magpaputok ng tear gas ang mga pulis sa mga sumunod na protesta. At lumala ito nang paghahampasin ng yantok at tubo ang mga nagprotesta at ordinaryong tao sa isang MTR station, at inakusahan ang pulisya na kakutasaba dito.

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Ngayon ay hindi na lang iisa ang demand ng mga nagpo-protesta, kundi lima, kasama na ang imbestigasyon sa karahasan ng pulisya at eleksyon ng lahat ng mamumuno sa Hong Kong.

Pinalampas ng mga opisyal ang pagkakataong i-resolba ang iisang kahilingan noon ng mamamayan. Makinig na sana sila sa mga hinaing na dapat ay naaksyunan noon pa, at tapusin na ang lumalalang gulo. Dahil lahat tayo ay damay dito.

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Filipina mother and 2 kids lose appeal against deportation

By The SUN

The appeals court said the Philippines can protect the appellants and provide them needed services

A former Filipina domestic helper seeking asylum in Hong Kong, together with her two minor sons, have lost their appeal against a decision denying them the right to challenge Immigration’s decision to send them home to the Philippines.

In the decision handed down on Oct 30, the Court of Appeal upheld a lower court’s decision denying Melody Piedad Mangoba and her two Hong Kong-born sons Kobe and Kyler Galang, the right to question their deportation.

The CA, through Justice Maria Yuen and Judges Lisa Wong ang ST Poon, ruled that Court of First Instance Judge Amanda Woodcock did not err in finding that the Torture Claims Adjudication Board and Immigration had fully considered the grounds cited by the appellants.

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Mangoba, who is married with two children in the Philippines, arrived in Hong Kong in 1997 to work as a domestic helper. Shortly after, she began a relationship with JG, a fellow Filipino domestic helper. When her husband found out about this, he assaulted her. They separated in 2001.

In 2004 Mangoba’s employment contract was terminated but she did not return to the Philippines. The next year, she gave birth to Kobe from her relationship with JG. She had another son by him, Kyler, in 2012.

Mangoba had initially claimed she did not want to be sent back to the Philippines because she feared the wrath of her estranged husband, who she said used to be a member of the New People’s Army and had been violent towards her. The man had also allegedly threatened her parents.

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In addition, Mangoba said Kobe was suffering from autism and Kyler from heart problems. Both were being looked after under Hong Kong’s education and health care systems.

In 2011 she filed a torture claim for herself and Kobe which the Immigration Director rejected on Jul 14 that same year. She appealed, but it was rejected the next month.

On July 5, 2017, or five years after Kyler was born, she and her two sons filed a claim for non-refoulement, or against being sent home.

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Taking note of their claim, Immigration representatives interviewed Mangoba, who was assisted by counsel. But after the interviews, the Director concluded that mother and sons failed to make out a case for non-refoulement.

In his decision issued on Aug 8, 2017, the Director found no basis for Kyler’s claim for risk of persecution or torture. Mangoba’s and Kobe’s claims were already rejected in the earlier decision by the Director issued on Aug 29, 2011.

The three then went to the Torture Claims Adjudication Board (TCAB) to appeal the Director’s decision.

But after re-assessing the claims and making its own inquiry into the availability of services in the country of origin (the Philippines) the TCAB also rejected the applications.

While the TCAB accepted that Mangoba’s husband posed a real threat to her and her sons, it found out that the Philippines does provide state protection in cases of domestic violence.

The Board also pointed out that the appellants could always relocate to other areas in the Philippines, away from the reach of Mangoba’s husband. The TCAB did not accept that the husband could use NPA resources to hunt them down.

Further, the TCAB found out that Kobe and Kyler could have the educational and medical services they needed in the Philippines.

“As a result the TCAB did not accept that there was a real risk that the 2 children would suffer serious or significant harm upon their return to the Philippines,” said the judgment.

Failing at this level, the three applied to the High Court for leave to apply for a judicial review of the TCAB’s decision.

But after careful consideration of the TCAB’s decision, Judge Woodcock refused the application.

“A reading of her (adjudicator’s) decision shows that she gave full consideration to the evidence, COI information and provided more than adequate reasons for her findings,” said Judge Woodcock.

“I found no failings on the part of the adjudicator.  I found no errors of law nor any evidence of procedural unfairness.  She did not fail to adhere to a high standard of fairness.  There is no realistic prospect of success and I refuse leave to apply for judicial review.”

Her findings were upheld by the Court of Appeal, which said that the appellants failed to point out any errors in law or any other relevant matters the judge may have failed to consider.

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My long journey home

Mario delos Reyes is reunited with his wife Gigi (left). 

By Mario delos Reyes

Part 1
I had spent almost the entirety of my productive life behind bars, but when the Big Day that all inmates are looking forward to, especially lifers, finally arrived, my emotion was strangely one of anger instead of happiness. This might have something to do with how the Long Term Prison Sentences Review Board had dragged its feet assessing my sentence, despite the endorsements of many highly respected people of the society, not to mention the trial judge’s personal legal opinion that this case must have been one of manslaughter, not of murder, that carries just a few years’ sentence. The Review Board had ignored these facts, but addressed them finally this year, maybe due to the pressure from media.

I was brimming with hope and confidence when the Chief Prison Superintendent wrote an endorsement for a Special Assessment Report on my behalf a few years back. This report is rare and given only to a few selected inmates, but even this was not able to convince the Review Board, which merely replied that “insufficient time served”. However the question that has never been answered since, is how much is “sufficient time”?

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When I was finally released after being given a fixed sentence, the CSD (Correctional Services Department) turned me over to immigration authorities. According to the prison superintendent, they didn’t know what to do with me on the basis that I have a HK ID card.

I was in the CSC for two weeks, but my departure date and flight date was given to me a week prior and my mind was not on my family, but on my adopted family who I was with for the past 26 years. Sadness engulfed me at the thought of leaving them behind for they will miss “Kuya Mario” for sure, especially the sisters in the women’s prison whom I have always tried to help with matters like drafting grounds for appeal, petitions for sentence reductions, how to earn extra money while inside, and how to beat the prison system without infringing established rules and regulations.

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I always felt a sense of gratification whenever a positive outcome was achieved with my help, and conversely, when a negative one resulted, making me feel worse than the intended recipient. However, whatever the outcome, I’ve always thanked and praised the God almighty, for His will be done.

The day of my departure finally arrived. I was escorted by two sympathetic young immigration officers at the airport, as well as Consul Paul Saret and Attache Arnel de Luna of the assistance to nationals section of the Philippine Consulate, who checked in my baggage and arranged my flight route. I was so overwhelmed with gladness by the dignified treatment given me for the entire duration of my repatriation.

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I was probably the last passenger to embark and luckily I was assigned a seat near the window and nobody knew I was a deportee except for the flight attendant who was holding my travel documents.

Upon my arrival at the Manila International Airport I was assisted and guided by a friendly mestiza-looking stewardess who initiated a friendly conversation until we arrived at the immigration counter.

A question and answer with a woman immigration superintendent ensued. I showed her The SUN article with the headline, “Mario is free” and she was amazed upon reading it. She immediately asked if she could be of help, so I told her I had a cell phone but I didn’t know how to use it. She asked me for my wife’s number and after calling it, told me that my family was already waiting at the arrival area.

One of her underlings escorted me to the right exit where my daughter and wife were waiting. They hugged me tightly, but I felt no emotion whatsoever for I got used to being away from them, first, when I was still in the active military service, then as an OFW, and finally, while in prison. This could explain the tepid feeling I felt.

Then from out of nowhere a car stopped beside where we were standing and my younger son alighted in a dramatic “welcome back, dear papa” greeting, complete with a brief tight hug. Then he carried my luggage and dropped it in the car compartment.

I was confused by the many changes I saw in Manila and didn’t recognize any of the scenery anymore on our way back home. But I know I have to begin and move on with my life anew, and catch up with what I missed for the past three decades.

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This is a personal account by the author on how he felt on his release, 26 long years after he was jailed in Hong Kong for a murder he has always maintained he did not commit. Mario lived an exemplary life as an inmate, taking up all courses on offer, including a master’s degree in Business English; and extending help to other Filipinos who were in jail, especially the women drug couriers. It’s a long process of healing, but Mario is hopeful he will overcome, with help from his wife and three children who have remained supportive through the years. Welcome back, Mario! – ed

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UPDATED: Employer arrested as Filipina DH rescued from alleged assault

Jaspe pointing to her bruised forehead in a photo she sent to her sister

By Vir B. Lumicao

A 31-year-old Filipina domestic worker who was allegedly maltreated and assaulted by her employer in Kowloon has been rescued by police following her sister’s appeal for help to the Filipino community.

A police spokesman said tonight, Nov. 7, that the maids’s 40-year-old female employer was arrested for common assault and was still being investigated at the Yaumatei Police Station.

This was the same information relayed earlier by welfare officer Virsie Tamayao who was monitoring the case.

The helper, Anna Marie V. Jaspe, was fetched by police who responded to a call at about 11am on Nov 6 at the employer’s flat at 1 Austin Road West in Yaumatei.

The alleged assault happened at this luxury residential estate in Yaumatei

The officers reportedly found the victim with an injury on her forehead, and took her to Queen Elizabeth Hospital for treatment.

The spokesman said the employer and the victim had a dispute over working problems and in the midst of the row, the employer hit Jaspe with an iron frame on the forehead.

On Thursday morning, Jaspe was also still at Yaumatei police giving a statement about the incident with the help of a Filipino interpreter, said a Filcom leader who visited her.

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Jaspe’s elder sister, Theresa Anne Villamen, said the maid had been working for her employer for just three months. It was her second job in Hong Kong.

Villamen said Jaspe was serving a couple and their three children as well as a pet dog in the employer’s house at The Harbourside, a luxury residential address.

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Villamen said that just two days before the incident, the female employer who mostly stays at home, scolded Jaspe and punished her by letting her stand outside the gate of the flat over an alleged mischief by one of her wards.

“Pag may kasalanan ang alaga niya, pati siya damay, pinapatayo din siya,” claimed Villame. “Meron isang beses na pinatayo siya sa labas ng bahay nila, di siya pinapasok. At ito yung nangyari ngayon, binato siya sa noo ng amo niyang babae.”

At 10:32am on Nov 6, Jaspe sent a message to Villamen on Facebook Messenger telling her that the female employer had assaulted her.

“Ate, sinaktan ako ng amo babaye,” said Jaspe, who’s a native of Cadiz City in Negros Occidental. “Hinagisan niya ako...bumokol...sumama pakiramdam ko.”

She did not say what object the employer had thrown at her, but a selfie photo she sent showed a slightly bluish bump on her forehead.

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Jaspe said the assault happened only moments before she complained to Villamen.

The elder sister then contacted a group chat of Filcom leaders on FB messenger for help.

Tamayao said the Consulate’s assistance to nationals section is coordinating with the police on Jaspe’s case.

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OFW in suicide video not from HK, says OWWA

By Daisy CL Mandap

The Filipina who apparently filmed her own suicide live on Facebook was not same person who hanged herself in Mong Kok on Nov. 2, says an official of the Overseas Workers Welfare Administration.

Welfare officer Virsie B. Tamayao made the statement in the wake of the spread of the video showing a Filipina calmly preparing a noose from a blanket draped on a ceiling fan, then proceeding to hang herself with it.

Tamayao also dismissed reports the suicide victim in HK had stage 4 cancer

It emerged from later posts by her friends and relatives that the Filipina in the disturbing video was working in Oman. She reportedly took her own life because of a soured relationship.

Her death came shortly after an OFW in Hong Kong, named Elen M. T., also  hanged herself, using a fleece blanket she tied to the rails of her upper bunk bed in her employer’s house at 11 Hoi Fai Road in Mong Kok.

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What made her take her own life remains a puzzle.

Tamayao said Elen appeared to have debt problems, as shown by various demand letters sent to her by financing companies.

“But the amount was not big, definitely not insurmountable,” said Tamayao, who spoke with the agency that recruited Elen to Hong Kong on Nov 4.

Tamayao also dismissed talks Elen was suffering from stage 4 ovarian cancer and had taken her life because her employer decided not to renew their contract.

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“Wala siyang cancer,” said Tamayao. She also described the employer as “mabait”. But she confirmed Elen’s contract was due to end on Nov. 20 this year.

OWWA records show Elen started working in Hong Kong in 2012, but went back to the Philippines after being terminated, before deciding to return in 2017.

Information relayed to the Consulate indicate Elen had two children, an 18-year-old daughter and a 12-year-old son. She had long separated from her husband, and had a Filipino boyfriend living in Italy who reportedly visited her in Hong Kong only last month.

She would have turned 38 this coming Nov 10.

Pictures on her Facebook wall and those posted by her friends showed Elen to be outgoing, and frequently took part in beauty and modeling contests organized by various groups in the Filipino community.

However, her recent posts suggested problems with her love life. In one of them, Elen complained about the difficulty of having a long-distance relationship.

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On the day she died, Elen reportedly cleaned and fixed the house before retiring to her bedroom to kill herself. She did not leave a suicide note.

Tamayao said it was the employer’s two-year-old child who first saw her “che che” but did not realize what had happened. “Ang sabi daw ng bata nakatulog habang nakatayo ang che che nya.”

The employer, along with the agency representative, met with the Consulate’s assistance to nationals section on Nov. 5, to work out the details of the repatriation.

Elen was originally from Tanauan, Batangas but lived with her family in Novaliches, Quezon City.

Since she was still covered by mandatory insurance, Elen’s family will receive USD$10,000 in death benefit from her Philippines-based insurer, apart from the Php120,000 death and burial benefits from OWWA. Both insurers allow payouts even in suicide cases.

OFWs who are depressed may also seek counseling from
Social Welfare Attache Beth Dy, shown here addressing cancer patients

Tamayao said she hopes the two unfortunate incidents would not spark copycat suicides. She said anyone who suffers from depression or anxiety is welcome to approach her or anyone from OWWA.

Alternatively, they can talk to Social Welfare Attache Beth Dy or her assistant at the Consulate, or call The Samaritans' 24-hour hotline, 2896 0000.

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