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Marawi, 7 areas in Maguindanao, Lanao del Sur placed under Comelec control

MANILA – Eight areas in Maguindanao and Lanao del Sur have been placed under the control of the Commission on Elections (Comelec).

In a statement, Comelec Chairman Saidamen Pangarungan said six municipalities in Maguindanao, and one city and one municipality in Lanao del Sur are now under their control.

The areas are the towns of Buluan, Datu Odin Sinsuat, Datu Piang, Mangudadatu, Pandag and Sultan Kudarat in the Province of Maguindanao.

Also, the City of Marawi City and the town of Maguing both in Lanao del Sur, were declared under Comelec control in addition to Tubaran and Malabang towns.

The places were placed under Comelec control upon the joint recommendation of the Philippine National Police and Armed Forces of the Philippines and Regional Election Director Ray Sumalipao, the Committee on the Ban on Firearms and Security Concerns (CBFSC).

Under Comelec Resolution No. 10757, an area can be put under Comelec control in the following circumstances: 1. History of/or current intense rivalry among contending parties. Such rivalries could motivate people to engage in violent acts; 2. Incidents of politically-motivated violence involving aspirants/candidates and other supporters; 3. Violence may be facilitated by the employment of Private Armed Groups (PAGs); and

4. Serious armed threats posed by the Communist Terrorist Groups (CTGs), and other threat groups including the Bangsamoro Islamic Freedom Fighters (BIFFs), the Abu Sayyaf Group (ASG), the Maute Group, and other analogous threat groups as may be declared by the competent authority, or other paramilitary forces, private armies or identifi able armed bands widely perceived to have committed terrorism, fraud or other election irregularities and threaten or disrupt the holding of free, peaceful, honest, orderly, and credible elections in any political divisions, subdivisions, unit or area.

“As regards to other areas, we are continuously upgrading and updating our assessment status,” the poll body chief added.

SC....

(From page 1)

RA 11579, signed by President Rodrigo Roa Duterte on July 3, 2020, aims to protect life, liberty, and property from terrorism deemed as “inimical and dangerous to the national security of the country and to the welfare of the people.”

In a statement during its summer sessions here, the SC said it “resolved to deny the motions for reconsideration due to lack of substantial issues and arguments” raised by petitioners of more than three dozen suits.

The members of the SC maintained their votes in December, written by now retired Philippine Judicial Academy Chancellor Rosmari Carandang.

In December, the SC upheld the validity of the law except for two provisions.

Malacañang welcomed the decision of the high court but several sectors bewailed the ruling.

Two lawyers group - the FLAG and the National Union of Peoples’ Lawyers (NUPL) - said they were dismayed by the High Court’s ruling.

“We welcome the latest decision of the Supreme Court on Republic Act No. 11479, otherwise known as the ‘Anti-Terrorism Act of 2020,’” acting presidential spokesperson and Communications Secretary Martin Andanar said.

Andanar said the SC’s latest move could be considered a “triumph” for the entire Filipinos, as he emphasized that RA 11479’s goal is to ramp up the country’s fi ght against terrorism.

“We consider this latest High Court ruling a triumph for all peace-loving and law-abiding Filipinos as it serves as a stern warning against malevolent elements that the Philippines is not a safe haven for terrorists,” he said.

“We remain convinced that these provisions (among them those that fail to defi ne with clarity the off ense of ‘terrorism’ and grant broad and sweeping powers to the Anti-Terrorism Council to issue arrest orders and authorize extended detention periods on mere suspicion) are not only dangerous, as they are prone to abuse, but also in violation of the Constitution,” said Jose Manuel “Chel’ Diokno, the FLAG national chairman, in a statement.

Under RA 11479, people who are part of the planning and training for the commission of terrorism will face life imprisonment sans the benefi t of parole and the benefi ts provided under RA 10592 or the Good Conduct Time Allowance Law.

The anti-terror law also warns that any person who threatens to commit terror acts will suff er the penalty of 12-year imprisonment.

It also states that people who propose to commit or join terror acts will be jailed for 12 years.

Advocacy, protest, dissent, stoppage of work, industrial or mass action, and other similar exercises of civil and political rights not intended to cause death or serious physical harm to a person or to create a serious risk to public safety are not considered terror acts, according to RA 11479.

The Anti-Terrorism Act of 2020 also ensures that the use of torture and other “cruel, inhumane, and degrading” treatment or punishment against detained suspected terrorists is “absolutely prohibited.

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EDITORIAL A note to FilAm voters

US-based Filipinos as well as dual citizen FilAms who registered to vote for the May elections back home need an important reminder or two.

The ballots they received which are to be mailed back to Philippine embassies and consulates do not have suffi cient stamps in the return envelopes. Thus, envelopes with ballots that do not have additional stamps and which are just placed in mailboxes will end up not being counted.

There is, however, an even more important issue that needs to be addressed. There have been reports stating that some ballots have been pre-shaded so that the votes to be cast will go to Ferdinand Marcos Jr.

This does not surprise us. The Marcos camp has shown again and again that they are bent on winning at all costs, and massive cheating is part of their plan.

We do not want to point an accusing fi nger at the Commission on Elections (Comelec) or the Department of Foreign Aff airs, but those pre-shaded ballots have appeared not only in the US, but also on countries which have large communities of Filipino workers.

We fi nd it disturbing that the Comelec has even warned of taking legal action against any voter who undermines the electoral process. This could be interpreted to mean that anyone who complains of receiving pre-shaded ballots and bringing their case to media can face trumped up charges.

It is known that all the current Comelec commissioners are appointees of Rodrigo Duterte, who wants nothing more than for his daughter Sara to be elected vice president.

She will, of course, bring her running mate Marcos Jr along with her, should the massive cheating that many fear take place.

Under free and fair elections, at least here in the US, we know who will not win, who should not win. And that is the aforementioned Marcos Jr., who is literally spending billions of dollars to win. Yes, US dollars, not Philippine pesos.

This 64-year-old man-child has no known source of income, and has never worked a day in his life, yet he can spend billions to win an election, even if some form of rigging and vote buying is involved.

Much is expected of the Filipino and FilAm voters in the US. Their numbers have grown to a substantial degree that they can make or break candidates if they form a solid bloc.

Yes, there are Filipinos and FilAms who will vote for Marcos Jr. We must respect their choice, even if we believe them to be terribly misguided. We still cannot comprehend how intelligent people can vote for the son of a thief, who lives off the stolen money that his dictator-father left him. But again, we must respect their poor choice.

What we will never accept is for the government in our homeland to take sides and derail the correct results of the elections. The case of the insuffi cient stamps in the mailed ballots is an indication of incompetence, at best.

But if the wrong candidate for president wins as a result of massive cheating, let the parties involved be warned.

Filipinos, FilAms and this paper took an active role in exposing the late dictator, leading directly to his ouster.

We did it once. We can do it again.

FAJ gets $225K...

Also known as FAJ, the 49-year-old organization based in Oakland with offi ces in Union City in Alameda County, is the lone FilAm organization among 22 recipients based in the Bay Area, South Bay and Central Coast of California among the fi rst round awardees. They received over $4 million in total.

“We are excited about this opportunity,” FAJ executive director Geraldine Alcid told Inquirer.net. “We are focusing on mental health and addressing trauma and healing in our organizing work (and activities) we have planned for May - mental health awareness month and also API Heritage month.”

Alcid elaborated: “The impacts of the pandemic and increased incidents of anti-Asian violence have greatly aff ected the mental health of our community members. From our youth to our elders, there has been an unprecedented need for support to address stress, anxiety, depression and other feelings of uncertainty we are coping with and the trauma we are holding.”

HISTORIC FUND

The awards are part of the $14 million to be distributed among 80 organizations statewide by the Newsom Administration in cooperation with the California Commission on Asian and Pacifi c Islander Aff airs and California Asian & Pacifi c Islander Caucus, Assembly Member Phil Ting (D-19th District), announced earlier this month. As chair of the Assembly Budget Committee, Ting headed the push for the historic $166.5 million API Equity Budget in response to the unprecedented rise in anti-Asian attacks since 2020, when the then-unknown coronavirus was fi rst detected in the United States.

The virus fi rst identifi ed in Wuhan, China, has killed over 1 million Americans. While violence against APIs has been a constant challenge cresting with every world confl ict involving the ancestral countries of Asian and Pacifi c Islander Americans, currently skyrocketing Asian hate crimes have been blamed on the correlation of the virus with APIs by top offi cials including then-President Trump, who attached Chinese terms when referring to COVID19, the illness caused by the coronavirus.

Last spring President Biden signed the COVID19 Hate Crimes Act authored by Democratic legislators Hawaii Sen. Mazie Hirono and New York Rep. Grace Meng.

“For centuries, Asian Americans, Native Hawaiians, Pacifi c Islanders, diverse and vibrant communities have helped build this nation only to be often stepped over, forgotten, or ignored,” Biden said at the signing rites. “My message to all of those who are hurting is, we see you. And the Congress has said, we see you. And we are committed to stop the hatred and the bias.”

A month earlier a Caucasian man had shot and killed six Asian women workers among eight people at a massage parlor near Atlanta, Georgia. Police initially downplayed race as a motive, though the shooter’s claim of “sex addiction” reinforced the “intersection of gender-based violence, misogyny and xenophobia,” said Rep. Bee Nguyen, the fi rst Vietnamese American elected to the Georgia House.

In the summer the California Legislature passed and Gov. Gavin Newsom signed the API Equity budget as an investment over three years in resources for deserving agencies to stop the spread of Asian hate.

“I can’t wait to see the impact of these state investments,” Ting said in the company of grantee representatives led by Anni Chung of Self-Help for the Elderly at her agency’s Jackie Chan Senior Center in Chinatown.

Grants went to agencies providing diverse services: Asian Health Services in Oakland has been designated the regional lead with a $543,747 award. Step Forward Foundation, provider of legal services, receives $250,000, and Asian Pacifi c Islander Legal Outreach $150,000. $250,000 was awarded to Mental Health Association for Chinese Communities, Korean Community Center, California Healthy Nail Salon Collaborative and Community Youth Center of San Francisco. Communities United for Restorative Youth Justice receives $225,000. Asian Pacifi c Environmental Network in Oakland and Richmond will receive $140,000. (Continued on page 26)

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The return of the ‘Sick Man of Asia’

IN 1853, THE OTTOMAN

EMPIRE was referred to by Tsar Nicolas I as the “Sick Man of Europe,” which was then in a state of decline. After World War I, the phrase was applied to several European countries that included France, Italy, the United Kingdom, Spain, and Germany. It was the result of the economic PerryScope chaos that the war brought to PERRY DIAZ Europe.

Ten years later, the Taiping Rebellion in China brought misery to the Chinese people and once again the “Sick Man” cropped its ugly head again, this time in China; hence, the phrase “Sick Man of Asia” was coined.

In 1896, the North China Daily News published an article saying: “There are four sick people in the world – Turkey, Persia, China, Morocco ... China is the Sick Man of the East.” At that time, the ruling Qing dynasty was so corrupt and incompetent that it earned the scorn of the world. The Westerners, who had mocked, humiliated, and insulted China, took advantage of the miserable state of the country and eventually took over its economy. Shanghai was run by the Shanghai International Settlement, which was dominated by the Americans and British. They established the Shanghai Municipal Council (SMC), which was later expanded to include the United Kingdom, the United States, Japan, France, Italy, Norway, Sweden, Denmark, the Netherlands, Spain, Portugal, Peru, Mexico, and Switzerland. Hong Kong became a British colony and Macao a Portuguese colony. It was imperialism at its zenith. China also came to be known as the “Sick Man of Asia.”

Martial law

Then the dictator Ferdinand Marcos came to power in 1965. After his fi rst term as president, he started planning how to stay in power after his second term, which would have ended in 1973. Marcos started planning and he formed two sets of advisers, a 12-member working group called the Rolex 12, with each member given a gold Rolex watch as a symbol of power. Rolex 12 was composed of generals and economic cronies. They were the architects of the martial law plan. But within this group was another group, known as the Omega Five, which consisted of the generals who were also part of the Rolex 12. Their main responsibility was to make sure that Marcos would remain in power. They were the Praetorian Guard whose loyalty was unquestionable.

On September 23, 1972, Marcos announced that he had placed the Philippines under martial law. He said that it was necessary to stop the “communist threat” posed by the newly founded Communist Party of the Philippines. But some sources claimed that he staged a series of bombings and ambushes as justifi cation for the declaration of martial law.

This marked the beginning of a 14-year period of one-man rule. However, opposition fi gures of the time accused Marcos of exaggerating these threats, using them as a convenient excuse to consolidate power and extend his reign beyond the two presidential terms allowed by the 1935 constitution.

Marcos’ human rights record

Martial law was lifted on January 17, 1981. However, he retained virtually all of his powers as dictator. It is remembered for the Marcos era’s record of human rights abuses, particularly targeting political opponents, student activists, journalists, religious workers, farmers, and others who fought against the Marcos dictatorship. Based on the documentation of Amnesty International, historians believe that the Marcos dictatorship was marked by more than 3,200 known extrajudicial killings, 35,000 documented tortures, hundreds of disappearances or “salvaged” as they were called, and 70,000 incarcerations. There were thousands of human rights violations. The economic standing of the country dropped. The dawn of martial law was hell. It was the darkest chapter in Philippine history.

Although the Philippines had attained improvement in its economy during Marcos’ fi rst term, that is not enough to support the claim that considers his presidency as the golden years of the Philippines. But based on data given by the Philippine Statistics Authority, the country experienced the biggest decrease in income per person yet, and it took the country 21 years to recover from that loss. In fact, such a decrease in its economic standing gave it the (Continue on page 27)

How to donate Philippine properties without going home

Do you need to donate properties in the Philippines but can’t go home due to the travel restrictions brought about by the COVID-19 pandemic? Last week, another new client called Mobile Signing Services (MSS) for help and assistance in donating properties in the Philippines ART GABOT MADLAING Health & Wealth without going home due to the travel restrictions and pandemic lockdown.

Mobile Signing Services had helped several couples and individuals donate their properties in the Philippines to their children or loved ones without going home to the Philippines.

The other year, MSS helped an elderly woman in Daly City, California in donating a portion of her land parcel to her daughter in La Trinidad, Benguet without going home to the Philippines. Her lawyer prepared the DEED OF DONATION and sent to her in Daly City, California. When she received the copies of the DEED OF DONATION, her son who was staying with her called MSS for the notarization and apostille follow-up. I then, instructed her son to make three copies of the DEED OF DONATION and have three copies of his mother’s ID.

During my meeting with his elderly mother Gloria (who was in her mid 90s) for the notarization of the DEED OF DONATION, I was surprised to see her looking very much younger than her actual age. She was smiling, alert and easily walked to the nearby table where I met her in the Daly City apartment she was renting. I had her signed the three sets of DEED OF DONATION (in two pages); and then signed my Journal of Notarial Acts and put her right thumb mark in the journal. After notarization, I submitted the notarized DEED OF DONATION to the Secretary of State, Notary Public Section in Sacramento, California, for apostille. After 10 days, the apostilled DEED OF DONATION arrived via USPS Priority Mail which I subsequently delivered the following day to our elderly client. Our elderly client and her son were very happy for the effi cient, complete and unique MSS services.

Last month, another client called me and requested help and assistance for the notarization and apostille for the DEED OF DONATION on the two lots he and his wife are donating to their son. The two lots are located in the Municipality of San Luis, province of Aurora in the Philippines. Victor and his wife came to our home offi ce in San Francisco last Thursday, January 20, 2022. The couple reviewed the draft of the DEED OF DONATION prepared by our paralegal and lawyer-friends. After the draft was okayed by the couple, I had them signed three copies of the DEED OF DONATION as DONORS. I also had them signed my Journal of Notarial Acts and put their right thumb marks in the journal. The following day their son as the DONEE came to my home offi ce in San Francisco and signed the three copies of the DEED OF DONATION and then signed my Journal of Notarial Acts and put his right thumb mark in the journal.

After notarization, I submitted the notarized DEED OF DONATION to the Secretary of State, Notary Public Section, in Sacramento, California for apostille. Due to the COVID-19 pandemic lockdown, the Front Desk is still closed. There are only two options available namely: 1. Mail the notarized document to the Secretary of State, Notary Public Section, in Sacramento or Los Angeles; 2. Drop off the notarized documents in the Apostille Box ( which is the faster and safer way) at the lobby of the Secretary of State building in Sacramento, California. The normal turn-around of apostille processing on notarized documents dropped off in the Apostille Box is about 8-12 working days. Turn around of apostille processing on notarized documents mailed is very much longer.

We at the Mobile Signing Services (MSS) are committed, dedicated and will continue to assist and help old and new clients particularly the elderly, veterans and those physically handicapped in the notarization and apostille follow-up on Affi davits, Special Power of Attorney, DEED OF DONATION Waiver of Rights, Proof of Life, DEED OF ABSOLUTE SALE, Deed of Extrajudicial Settlement of Estate and other documents needed in the Philippines and the other member nations of the Hague Apostille Convention. Here are some advantages and benefi ts with MSS:

DISCOUNTS FOR THE EL- (Continue on page 27)

3 bets shot themselves in the foot

It was, to say the least, a very expensive way to whine. Three presidential candidates -- Manila Mayor Isko Moreno, Sen. Ping Lacson, and former Defense Secretary Norberto Gonzales – booked a banquet room at the plush Manila Peninsula Hotel in Makati ostensibly to make an important announcement about the coming elections. Actually, VAL ABELGAS On Distant Shore media advisories from Moreno and Lacson said fi ve presidential candidates would be coming to include former Presidential Spokesperson Ernesto Abella and Sen. Manny Pacquiao.

Everybody, including this writer, waited with anticipation as the advisories hinted of “unity” among the fi ve. The preevent news stories that appeared refl ected that anticipation. One story started with “In what could be a fi rst in Philippine politics…”

Perhaps, the fi ve realized they need to unite to prevent a return of the Marcoses in Malacanang and decided to withdraw in favor of maybe Vice President Leni Robredo, who is the highest ranked in surveys behind Ferdinand Marcos Jr., or maybe in favor of Moreno.

It was a dud, after all.

In the fi rst place, there was no “unity” as only three of them appeared. Pacquiao and Abella didn’t attend, which in hindsight, was one of the best decisions they have ever made. In the second place, Moreno, Lacson and Gonzales merely announced they were not backing down and they would continue their respective campaigns.

But in so doing, they also decided to gang up on Robredo, who they said has been asking them to withdraw in her favor to defeat Marcos. Moreno, the biggest whiner, complained that Robredo’s camp has been asking him to sacrifi ce and withdraw in Robredo’s favor. The Manila mayor then said Robredo should withdraw instead. “I’m calling for Leni to withdraw kasi (because) whatever [she’s] doing is not eff ective against the Marcos. Withdraw, come and join us,” he said.

Gonzales, a member of the Arroyo Cabinet, ignited the fi re when he said that surveys have shown a big gap between No. 1 (Marcos) and No. 2 (Robredo) and this could be because people don’t like No. 2 and that they want a new contender to challenge Marcos. He said, “I think it’s better if we could put aside number two and look at options three, four, fi ve, six. Maybe the right candidate our people are looking for to go against number one would be among those… because it seems like they don’t want the current number two to challenge number one.”

If the people wanted any of those behind Robredo, they should have been up there above her and below Marcos. Where’s the logic in Gonzales’ claims? Also, the three candidates doubted the credibility of the surveys – with Moreno even saying they have evidence of fraud – and yet they are basing their conclusions on the “tainted” surveys. Where’s the consistency there?

A joint press conference that was expected to show the dignity of these candidates, turned out to be the exact opposite – three politicians who are trailing miserably in surveys stooping low to gang up on the lone female candidate. This is exactly what the headline of Rappler.com stated: “Male survey laggards hit lone female presidential bet Robredo.”

The latest Pulse Asia survey, which they doubted and yet used as basis for their call to cast aside Robredo, showed Marcos with a 56% voter preference, followed by Robredo, 24%; Moreno, 8%; Pacquiao, 6%; Lacson, 2%; Faisal Mangondato, 1%; Abella, 0.1%; Jose Montemayor Jr., 0.05%; Leody de Guzman, 0.02%; and Gonzales, 0%.

How can someone who has 0% voter preference lead the call to boot out Robredo? If he were not a candidate, perhaps his call would be more acceptable to some people.

But obviously, whatever Moreno, Lacson and Gonzales had hoped to gain from the press conference backfi red. Days after the “undue and unnecessary” event, social media was fi lled with messages from people who said they or somebody close to them were supporters of Moreno but were now voting for Robredo.

Even Lacson, who was credited with organizing the press event along with Moreno, had to distance himself from Moreno’s call for Robredo to withdraw, (Continue on page 27)

Misleading the gullible Why only 12 are elected to the 24-member Senate

Did you know that the word ‘gullible’ is not found in the dictionary?

Most of you will say, of course not! But some will look for a dictionary just in case I’m right.

I’m wrong, of course. But even intelligent people would have bothered to check…just in case.

This may or may not be true where surveys are concerned. After all, such survey companies like Pulse Asia and the Social Weather Stations have been around for decades, and claim that they use the most scientifi c of methodologies, even giving a plus or minus margin of error.

This is true under normal circumstances.

Unfortunately, these are not the most normal of circumstances, and SWS and Pulse Asia are still private corporations which exist to generate profi ts year after year. It’s what their stockholders demand, and usually get.

So can presidential surveys conducted by the two be trusted?

The answer is yes and no. Another way of putting it is, it’s complicated.

During the six-year reign of Rodrigo Duterte as president, both companies came out with surveys showing the incredible, if not outright impossible.

Many surveys said that Mr. Duterte was the most popular, most trusted president the country has ever had. More popular than the likes of Pnoy Aquino, Erap Estrada and Fidel Ramos, at their peak. More popular than even Cory Aquino and Ferdinand Marcos at the height of their presidencies.

There were survey results from SWS and Pulse Asia – forget the smaller pretenders who were always in it solely for the money since they began operations – showing Mr. Duterte with a higher than 90 percent popularity rating.

BS? Absolutely.

So why did the two previously respected companies risk their once sterling reputations to produce results that few took seriously?

They were handsomely paid, of course. And yes, they could show some proof to support their results. But they also kept some very important facts hidden.

Some of those facts have recently come to light, not the least of which is that the party, company, or organization availing of their services assign their own people to conduct the fi eld surveys. This alone all but guarantees that survey results will be skewed in favor of their client.

Also, the client not only chooses the people doing fi eld surveys, they also have a hand in the questions to be asked.

This was not the case in the past, when two of the newspapers I worked for – BusinessWorld and Manila Standard -- had surveys conducted that were totally, completely, and absolutely fair.

It goes without saying that this has not been the case in the last six years and is still not the case where the surveys showing Ferdinand Marcos Jr as the sure winner in next month’s elections.

The guy’s camp paid for the surveys, and had their own people conducting fi eld interviews. More than this, those surveyors made it clear to the surveyed that they were for Mr. Marcos.

Real fair, huh?

But there’s more. It turns out that both SWS and Pulse Asia did not follow the accepted methodology of surveying a universe that represents the voting population.

This means that the 2,000 people they interviewed should represent the entire population in terms of gender, economic status, and location, among others.

It was in economic status – the smallest percentage being the A market of rich or at least well off Filipinos, the B market that represents the middle class, the C market of those who sometimes struggle to make ends meet, and the D (poor) and E (very poor).

By their own admission, this was not followed.

And here lies the rub. The A market may be small at roughly one percent of the population, but they almost always vote in large numbers. In comparison, the E market may be huge, but a good number of them Offline

BETING DOLOR

Some Filipino voters may be wondering why only 12 members of the Senate are elected every three years when there are actually 24 senators attending the opening of Congress on the fourth Monday of July following the polls.

The answer is in the 27-Section Transitory Provisions of the 1987 Constitution, particularly in Section 2 of Article XVIII which states that “senators, members of the House of Representatives, and the local offi cials fi rst elected under this Constitution shall serve until noon of June 30, 1992. Of the senators elected in the election in 1992, the fi rst 12 obtaining the highest number of votes shall serve for six years (full term) and the remaining 12 for three years”.

Half of the 24 senators (Nos. 1 to 12) elected in May 1992 were retained until June 30, 1998, while the other half (Nos. 13 to 24) were replaced in the 1995 polls.

In turn, the 12 senators who were elected in May 1995 stayed in the Senate for the next six years until 2001.

This has been the practice since 1995 with the election of a dozen senators every three years (1998, 2001, 2004, 2007, 2010, 2013, 2016, 2019) for a six-year term to replace the outgoing 12 members.

The Transitory Provisions under Section 5 also paved the way for the synchronization of national and local elections by extending the six-year term of the late President Corazon Aquino and Vice President Salvador Laurel by six months to noon of June 30, 1992 after they were elected in the Feb. 7, 1986 snap polls,.

The 12 senators who will be elected among 64 aspirants on May 9 will hold offi ce for six years or until June 30, 2028.

They will be joining the 12 lawmakers elected in the May 13, 2019 polls, namely: Senators Juan Edgardo Sonny Angara, Maria Lourdes Nancy Binay, Juliana Pilar Pia Cayetano, Ronald Dela Rosa, Christopher Lawrence Go, Maria Imelda Imee Marcos, Aquilino Koko Pimentel III, Mary Grace Poe, Ramon Revilla Jr. (Jose Bautista), Manuel Lito Lapid, Francis Tolentino, and Cynthia Villar.

GUEST SEVERINO SAMONTE COLUMNIST

The Philippines needs a leader like Zelenskyy

Leading presidential candidates must make a fi rm stand on the Russian invasion in Ukraine. It is an attack of an Eastern European state on the march to democracy by an authoritarian regime attempting to expand its sphere of infl uence in the post-Soviet order.

Moscow must have underestimated Kyiv’s resolve to defend its sovereignty, holding off Russian troops in large cities despite a rain of missiles.

Russia, which had a big logistics headache when it simultaneously staged attacks in the last week of February, could lose in the confl ict when the invasion drags and Ukraine decides to go into unconventional warfare, or guerrilla warfare.

Civilians, including women, have volunteered to fi ght for Ukraine. Citizens living abroad have been returning to off er their services while others raised funds to help relatives fl ee the country and seek shelter in Poland in the West, Moldova in the south, or other countries.

The United States off ered to accept Ukrainian refugees but when it off ered President Volodymyr Zelenskyy a safe way out from Kyiv, he responded with a statement: “I need ammunition, not a ride.”

A comedian-turned politician, Zelenskyy opted to stay with his generals and fi ght to the end. He displayed courage in the face of superior Russian forces. Russia has more troops, equipment and fi repower.

In contrast, Rodrigo Duterte melted in China’s intimidation in the West Philippine Sea. He made excuses that he did not want to lose soldiers in case war erupted between Beijing and Manila.

Filipino soldiers have demonstrated courage and valor in the face of Japanese invasion during the Second World War. They will not hesitate to off er their lives in a confl ict to defend the country’s territorial integrity and sovereignty.

Duterte showed cowardice and chose to lick the boots of Xi Jinping, even ordering local troops to avoid joining US troops’ training and exercises in the West Philippine Sea to avoid getting China’s ire.

It’s a shame Duterte was not willing to fi ght for what is right, submitting to China’s might. He should learn from Zelenskyy who is unafraid to confront the most powerful army in Europe with the most number of nuclear weapons.

Duterte does not have to look for models in Europe. Indonesia and Vietnam have shown tenacity in dealing with China’s encroachment into their maritime waters. Jakarta’s navy has blown up Chinese fi shing vessels in its waters. President Joko Widodo even witnessed one event.

Duterte meanwhile cowered in fear at Chinese threats issued by Beijing’s foreign ministry spokesman. He does not deserve to become the country’s leader. Filipinos regretted electing Duterte who promised in 2016 to ride a jetski and plant a Philippine fl ag on a Chinese-occupied feature in the disputed South China Sea.

Filipinos should not make another mistake in electing their next leader on May 9. They should not vote for another coward like Duterte, who is not willing to defend the country’s territorial integrity and sovereignty.

All leading presidential candidates have expressed concern about 400 Filipino migrant workers in Eastern Europe who have begun fl eeing to Moldova and Poland, but his message to Kyiv was to give up the fi ght.

At a recent television debate, only Sen. Panfi lo “Ping” Lacson, a former national police chief who had trained as a soldier, articulated the country’s stand to condemn Russia for the unprovoked aggression into Ukraine.

It was a principled stand as a responsible member of the community of nations. Duterte was silent about his own conviction because of his friendship with Vladimir Putin. The other presidential candidates’ only position is to save Filipinos living and working in Ukraine.

But there are some Filipinos who have expressed support for Russia, probably misled by disinformation in social media about Moscow’s justifi cation for the attack. They must be infl uenced by troll farms that supported the twisted reasoning of Russia, and some local politicians aligned with Moscow.

They could have also been (Continue on page 27)

MANNY MOGATO

IN THE TRENCHES

How can you prove a good faith marriage?

If you are applying for immigrant visa based on marriage to a U.S. citizen, it is a must that you discuss your case with an immigration attorney. Many people do it by themselves but later on fi nd problems along the way. It could be in the long wait for adjudication, more evidence requested and legal issues they could not resolve. In proving good faith marriage the USCIS is governed by case law that we will discuss here.

Question: What is the main consideration to determine if the marriage is in good faith?

Answer: The central inquiry in determining whether a bona fi de marriage exists is the INTENT of the parties at the time they entered into the marriage; the parties must have had the intent to establish a life together. See, Bark v. INS, 511 F.2d 1200, 1201 (9th Cir. 1975), see also Matter of McKee, 17 I & N Dec. 332 (BIA 1980). The conduct of the parties after the marriage is relevant to their intent at the time of their marriage. See, Matter of Laureano, 19 I & N Dec. 1 (BIA 1983). There is no sham marriage where the petitioner and benefi ciary INTENT to establish a life together at the time they were married, Bark v. INS, 511 F. 2d 1200 (9th Cir. 1975).

Question: What kind of evidence is needed for USCIS to determine is the marriage is a fraud?

Answer: The BIA in Matter of P. Singh, 27 I&N Dec. 598 (BIA 2019), enumerated the following are the legal standards to follow: (1) The standard of proof necessary to bar the approval of a visa petition based on marriage fraud under section 204(c) of the Immigration and Nationality Act, 8 U.S.C. § 1154(c) (2012), is “substantial and probative evidence.” (2) The degree of proof necessary to constitute “substantial and probative evidence” is more than a preponderance of evidence, but less than clear and convincing evidence; that is, the evidence has to be more than probably true that the marriage is fraudulent. (3) The nature, quality, quantity, and credibility of the evidence of marriage fraud contained in the record should be considered in its totality in determining if it is “substantial and probative.” (4) The application of the “substantial and probative evidence” standard requires the examination of all of the relevant evidence and a determination as to whether such evidence, when viewed in its totality, establishes, with suffi cient probability, that the marriage is fraudulent. (5) Both direct and circumstantial evidence may be considered in determining whether there is “substantial and probative evidence” of marriage fraud under section 204(c) of the Act, and circumstantial evidence alone may be suffi cient to constitute “substantial and probative evidence.”

If your case has been long delayed, it probably is under investigation. Many marriage cases are now under investigation due to fraud. Even if the parties were able to get approved in their petition and adjustment of status, there is the next hurdle which is the removal of condition on residence. In addition if you get your immigrant visa based on marriage, there is another hurdle coming which is when you apply for naturalization. Usually the USCIS opens up the fi le and further check if the applicant’s marriage is in good faith. For those who get their green card through marriage, it is best to consult with an immigration lawyer before fi ling a Form I-751 removal of condition on residence and Form N-400 application for Naturalization. Many cases are now being denied based on fraudulent marriage.

Note: This is not a legal advice. You need to speak to an Immigration Attorney to analyze your personal circumstances. We off er free consultation on immigration matters. If you have immigration problems the Law Offi ces of Crispin C. Lozano can help you fi nd a solution before your problem gets worse which could lead to deportation and family separation.

The Philippine election will determine if we will be annexed by China

BBM is supported by China. If the Philippines become part of China, it will have a far reaching eff ect on immigration and on overseas workers. We can no longer petition our relatives because the U.S. will not consider the Philippines as independent country. Many countries importing Filipino workers will no longer do it because they will think that we are Chinese spies. Most countries we deal with like Canada, Japan, Australia, and European countries will not hire Filipino workers because we are considered Chinese spies. We will be slaves in our own country. We cannot expect other countries to fi ght for us. We will lose our dignity and standing among people of the earth. Let us make a stand.

Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy, personal injury and income tax problems since June 1999. He has offi ces in Hayward and Cerritos, CA. His contact phone is 1-877456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/

Bangko Sentral ignores protests, prints P1,000 polymer banknotes

MANILA - In a controversial move, the Bangko Sentral ng Pilipinas (BSP) has started circulating 10 million pieces of the P1,000 polymer banknotes which were produced in Australia.

The shift to the plastic polymer banknotes has been opposed by various sectors, including abaca farmers and government agencies promoting abaca production, as well as relatives of three Philippine heroes who have been erased in the new bills. Old bills used abaca material which is famous all over the world.

Several groups and legislators have criticized the BSP’s move to remove the faces of the heroes featured on the regular P1,000 banknotes in its trial polymer bills, saying this could aid the historical revisionism gaining ground in the country in recent years.

According to the central bank, the release is equivalent to 0.7% of the estimated combined number of P1,000 paper and polymer banknotes in circulation.

The BSP said a total of 500 million pieces of polymer banknotes is expected to be circulated alongside the P1,000 paper banknotes by 2023 as part of what it said as trial circulation.

The polymer bills feature the Philippine eagle on the frontside, as well as the sampaguita. This sets it apart from the existing P1,000 paper bills that feature World War II heroes Jose Abad Santos, Vicente Lim, and Josefa Llanes Escoda.

Meanwhile, the Tubbataha Reefs Natural Park, South Sea Pearl, and T’nalak weave are on the reverse side.

BSP Governor Benjamin E. Diokno said they do not intend to demonetize the banknotes and coins in circulation during his term as central bank chief.

Polymer bills last at least 2.5 times longer than paper banknotes, given their resistance to water, oil, dirt, and general wear and tear, the central bank earlier said.

The BSP is testing polymer bills to see if the benefi ts reaped by other central banks from using the material will also be seen in the local setting.

The central bank in December released the new design of the P1,000 polymer note, designed by the BSP and approved by the National Historical Commission. It features the Philippine eagle in front, replacing jerpes Vicente Lim, Josefa Llanes Escoda, and Jose Abad Santos.

Lopez to US biz: Economic policy in PHL to remain stable

WASHINGTON D.C. – Department of Trade and Industry (DTI) Secretary Ramon Lopez has assured American businesses that the economic policy in the Philippines will remain stable despite the change in administration by June 30. DTI said Lopez met with American investors during the Philippine Trade and Investment Forum in Washington D.C. last week, where he presented business opportunities in the Philippines for United States-based enterprises.

Lopez said the Duterte administration passed key legislations that would cement a stable business environment, especially for foreign investors eyeing to set up their operations here.

These include amendments to the Retail Trade Liberalization Act (RTLA), the Foreign Investments Act (FIA), the Public Service Act (PSA), as well as ease of doing business (EODB) law, and the Corporate Recovery and Tax Incentives for Enterprises (CREATE) law.

“Despite the upcoming national elections signifying a change in administration, the department assures its continued end-to-end assistance to possible investors as you reap the benefi ts of the strong economic fundamentals laid down by the Duterte administration,” Lopez said.

He added the Philippines remains active in enhancing its strategic economic partnership with diff erent countries, as well as in the region through free trade agreements. The country still also enjoys preferential access to major markets, such as the US and the European Union (EU).

Aerospace fi rm sees PHL as growing market for defense aircraft

CLARK FREEPORT – Multinational aerospace company Airbus has projected the Philippines as a growing market for defense aircraft, and the fi rm is open to explore possible investment opportunities in the future.

In a virtual media briefi ng, Airbus Defence and Space head of Asia Pacifi c Johan Pelissier said fl eet modernization for military aircraft has fuelled the demand in the Asia Pacifi c region, including the Philippines. Pelissier added the Philippines is a key market for Airbus, having its physical footprint in the local aerospace industry for more than four decades.

Airbus has delivered fi ve C-295 medium lift transport aircrafts to the Philippine Air Force. The latest contract is a fl eet of three C-295 airlifters, one of which arrived last March.

The P5.288-billion contract for the three C-295 aircrafts was signed in 2019 as part of the government’s military modernization program.

Pelissier said the company is expected to deliver the two C-295 airlifters in the coming months. The fl eet has been deployed for humanitarian missions, such as transporting relief aid to areas hit by recent typhoons, earthquake aftermath, and pandemic-related relief eff orts.