Opinion & Editorial

VIRTUAL REALITY: APEC and the new Trans-Pacific Partnership

2011-11-17T12:09:00.001-08:00

By Tony Lopez

AT the summit of leaders of states and territories that straddle the Pacific Ocean, the most important topics that should have been discussed are countries that do not belong to the 21-member Asia-Pacific Economic Cooperation (APEC) bloc—Iran and eurozone nations, particularly Italy and Greece.
China was a hot topic, but only because the host of this year’s summit, United States President Barack Obama, seemed to blame the Chinese currency, the yuan—it is devalued (undervalued is more appropriate term) by 20 to 25 percent, according to him—for the current joblessness in America and the diminished competitiveness of US exports vis-à-vis China.
China, by the way, has the biggest representation in APEC, thanks to a technicality—mainland China, Chinese Taipei (Taiwan), and Hong Kong. In this particular group, members are economies, not states or countries.
That is not counting Singapore, which is veritably a Chinese city, and Malaysia, which has an economically dominant Chinese community.
So when Obama brings up a topic as sensitive as revaluing the yuan, he naturally goes nowhere.
China is also being cajoled into contributing to a European rescue fund for debt-ridden eurozone countries—Portugal, Ireland, Italy, Greece, and Spain, or PIIGS.
China has $3.2 trillion reserves, arguably the world’s largest foreign currency cash hoard. Additionally, Taiwan has $400.77 billion; Hong Kong, $277.2 billion; and Singapore, $242.28 billion.
The US has $146.58 billion foreign reserves—paltry by the standards of rich APEC members like Japan ($1.137 trillion) and Russia ($516.8 billion).
Eurozone nations, meanwhile, have combined reserves of just $886.35 billion, which is not even enough to pay for Italy’s $2.6-trillion debt.
It seems that collectively, the 17 countries of the euro are technically bankrupt. Their bloc owes more in foreign debts than what they earn from their exports of goods and services and income from foreign dividends and royalties. That is why they need to create a financial firewall or total bailout fund of one trillion euros ($1.4 trillion). China is supposed to contribute substantially to this rescue fund.
As of June 30, 2010, the US has foreign debts of $14.8 trillion; the European Union (EU), $13.72 trillion; the United Kingdom, $8.98 trillion; Germany, $84.7 trillion; France, $4.69 trillion; Italy, $2.23 trillion ($2.6 trillion today); and Spain, $2.16 trillion.
After nearly a quarter century, APEC still has to assert its relevance and explain what it is all about. The original idea, it seems to me, is that APEC is supposed to promote harmony and increased trade in the world’s most dynamic region.
The Asia-Pacific bloc’s 21 members span four continents and collectively account for 40 percent of the world’s population, 54 percent of the world gross domestic product (GDP), and 44 percent of total world trade.
To me, those who benefit the most from APEC are businessmen who are able to secure an APEC card—a visa-free travel card that speeds up processing at immigration counters in the bloc’s member economies.
As for the peoples of APEC, they have been battered by two major financial crises—the 1997 Asian Financial Crisis that was triggered by the run in Thailand and the 2008 financial meltdown and recession that was triggered by the subprime mortgage collapse in America.
All is not lost with APEC, though. Actively being pursued is the Trans-Pacific Partnership (TPP), an ambitious, next-generation Asia-Pacific trade agreement.
“The TPP will boost our economies, lower barriers to trade and investment, increase exports, and create more jobs for our people, which is my number-one priority,” Obama said when he addressed the APEC summit on November 12 in his home state of Hawaii.

“Along with our trade agreements with South Korea, Panama and Colombia, the TPP will also help achieve my goal of doubling US exports, which support millions of American jobs,” he added.
Japanese Prime Minister Yoshihiko Noda has expressed his country’s interest in the TPP. Obama readily welcomed the Japanese participation, noting that “eliminating the barriers to trade between our two countries could provide a historic opportunity to deepen our economic relationship, as well as strengthen Japan’s ties with some of its closest partners in the region.”
The TPP, the prestigious Economist magazine wrote also on November 12, “has suddenly emerged as the most promising trade liberalization initiative since the Doha Round of world trade talks stalled in 2008. On November 11, Japan, the world’s third-largest economy, announced its intention to join America and eight other countries in negotiating what its advocates hope would emerge as the new gold standard for free trade in the world’s most dynamic economic zone.”
The ten-country deal, according to Reuters, will cover a market 40 percent bigger than the EU. The agreement calls for free movement of almost everything, except labor.
With the eurozone in shambles, The Economist pointed out, the TPP “would further shift the world’s center of economic gravity from the Atlantic Ocean to the Pacific.”
Noda’s “decision may spur other big economies, such as Canada, to make renewed efforts to join the negotiations, which currently include America, Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam. If America and Japan can pull off such a deal, the TPP could challenge China’s own free-trade push in the region, which revolves around the Association of Southeast Asian Nations (Asean), South Korea and Japan, rather than the Pacific Rim,” the magazine said.
“By joining with America, Japan also hopes to influence global technological standards in industries like electric cars and clean energy, rather than having those heavily swayed by China,” it added.

FROM THE CAPITOL: Building a Greener California

2011-11-17T12:08:00.001-08:00

By Senator Leland Yee

Earlier this year, I authored and introduced legislation in Sacramento that close a loophole that allowed work to be done without prevailing wage on public infrastructure projects offered at so-called “no cost” by Energy Service Companies (ESCOs).
Typically, an ESCO conducts an audit in order to come up with a design to generate energy efficiency or develop energy on a public facility. Upon approval by the public agency, the ESCO typically pays for the design, construction management, and commission of the project with the understanding that whatever savings are realized from the project are then used to pay back the ESCO.
For example, if a school district can save $10,000 a year by installing energy efficient lighting and windows, the ESCO would front the cost of that upgrade, but the school district would transfer the savings to the ESCO for a fixed time period. Fortunately, Senate Bill 136, which was signed into law by Governor Jerry Brown. will ensure workers receive prevailing wages on energy service contracts of public agencies.
Despite the fact that the work is being completed on public infrastructure and will be paid back from energy savings that otherwise would have been utilized by the public agency, some have argued that such work is exempt from the prevailing wage requirements. SB 136 removes any doubt that prevailing wage must and should be paid on these types of public infrastructure improvements. This bill will ensure all public projects are completed using prevailing wage for workers. SB 136 will officially become state law on January 1, 2012.
While I am pleased the Governor signed the prevailing wage bill, it is very disappointing that he didn’t ensure corporations keep their promises. SB 364 is critical to holding big businesses accountable for job creation promises in exchange for any tax breaks.
Specifically, SB 364 would have required all future tax breaks related to job creation to have clear goals and performance measures. If a corporation failed to meet those promises, the state could recoup the tax credit.
A working mother on CalWORKS or disabled senior receiving in-home supportive services has to jump through numerous bureaucratic hoops to receive minimal life-sustaining benefits, but if you are a big corporation looking for scarce tax credits, no one asks any questions. California taxpayers deserve better.
Tax expenditures for corporations are often created with the argument that they will create jobs and fuel economic development. Yet under existing law, it is nearly impossible to track which companies are receiving tax credits and if those subsidies are meeting the goals of the expenditure. Corporations are even permitted to take taxpayer money and relocate to other states.
It is wrong for California to provide upwards of $14 billion in corporate tax credits without transparency and accountability. If a business fails to keep its word, or in some cases even moves out of the state, taxpayers should not have to foot the bill. This legislation was a win-win for Californians – corporations either help get people back to work or the state recoups the tax break and we can save our state’s safety net.
Many California businesses receive major credits and exemptions from dozens of state taxes. In fact, the tax credits passed as part of the September 2008 and February 2009 budget “solutions” will cost the state $8.7 billion in lost revenue from 2008-09 to 2014-15 and ongoing $2-2.5 billion yearly.

STREET TALK: A Gathering Of Game Changers

2011-11-17T12:07:00.001-08:00

By Greg Macabenta

The 22ND Philippine Advertising Congress will be held next week, from November 16 to19, at the Watersports Complex in Pili, Camarines Sur. Like past congresses, this one has an impressive and dramatic theme, “Change the Game.”
It proceeds on the presumption that the advertising industry – in this case, composed of ad agencies, advertisers, media, and companies providing production, research and other marketing services - is a catalyst for change.
According to congress chair, Alexandra Prieto-Romualdez of the Philippine Daily Inquirer, the organizing committee envisioned a gathering of professionals and practitioners that “will hopefully inspire change.”
What that “change” is can only be surmised. One can deduce that it has to do with changing the way advertising is created, the way new media vehicles are utilized, and the way products and services are conceived, developed and promoted to consumers.
I was, frankly, hoping that “change” would also have something to do with our national life, particularly the values of our people. As I had hoped in past congresses, I continue to hope that this 22nd Congress would devote some of the creative, production, media and marketing talent overflowing in the conference to the kind of change that finally appeared possible with the assumption of the presidency by Noynoy Aquino.
I am attending the ad congress. I have a number of reasons for doing so. First of all, I simply can’t get the advertising bug out of my system. It isn’t easy getting over half a century of being on the frontlines. I will relish being with colleagues, young and old. I’m sure I can still learn a few tricks from them.
The second reason for attending the congress is the fact that my book, “How To Make A Benta – Anecdotes, Lectures & Articles from the Advertising Wars,” has just been released and, I understand, will be available in the National Book Store branches in Naga and Legaspi, as well in other branches nationwide.
While most books on advertising use case studies in the American setting, this book provides valuable insights on the making of several classic advertising campaigns, many of which I personally created. The book is also a virtual history of Philippine advertising over the past 50 years. It should prove interesting reading for both students and oldtimers alike.
The third reason, of course, is my hope that, somehow, in some future ad congress – if not in this one - the industry will finally do something to achieve the kind of change that our country and our people need.
Indeed, every ad congress is a Gathering of Game Changers, this 22nd Congress, no less. Some of the brightest, sharpest, most creative, most innovative brains in the country populate the advertising and marketing industry. The efficiency with which these brains create products and conceive services and move them from conception to consumption is the key to economic development and growth.
Imagine what this brain power could do if focused on changing what has been described as our “damaged culture.” Imagine what the creative minds gathered in the congress could do if used to create a campaign that will awaken the Filipino to the vast natural and human resources of our country. A campaign that will imbue in every citizen a caring attitude and an entrepreneurial zeal that will enable them to effectively and profitably harness these resources.
Imagine what this Gathering of Game Changers could do if they decide to devote some of their time and talents to stirring the nobility of our people. Strengthening their love of country. Their spirit of patriotism. Implanting in their hearts the value of honest labor and inspiring them in the pursuit of excellence.
I was the chairman of the 8th Philippine Advertising Congress in November 1983, a few months after a bona fide Game Changer named Benigno Aquino, Jr. was brutally murdered. For that reason, I decided on a congress theme summed up by the acronym, ROAR - Risks, Opportunities and Responsibilities of the ad industry in the face of the crisis confronting the country.
Ninoy had returned in an effort to effect the kind of change for the Philippines that was being jeopardized by the terminal illness of President Marcos and the presence of ambitious individuals who had a different concept of change.
He did, in fact, help to achieve that change. By dying for it. His death set ablaze the smoldering embers that the Marcos dictatorship tried desperately to smother. Change happened with the revolt at EDSA.
But it was, sadly, a temporary one. Our culture had been so badly damaged that a benign revolution failed to repair it.
Two years ago, when preparations for the 21st Ad Congress were being made, I appealed to the organizers to consider the significance of the forthcoming presidential elections and the opportunity that the advertising industry had to prepare the Filipino people for it.
The country had just been ravaged by typhoon Ondoy and the advertising industry and private businesses responded heroically to the crisis. They raised money and relief goods and actively helped in alleviating the suffering of the victims.
Encouraged by this, I wrote a column item that expressed the hope that the organizers would use the ad congress as an opportunity to harness the industry’s talents to help educate the Filipino people on the need for militancy and for voting wisely in the 2010 presidential elections.
Dodie Lucas, one of the prime movers of the Advertising Foundation, was the very first to respond to my appeal. He offered to bring it up with the congress organizing committee. But this was to no avail.
As it turned out, it was the Ad Foundation that eventually took up the challenge, launching a competition that honored the advertisers and the print and broadcast media that mounted outstanding campaigns on voter education and clean elections.
In October 2010, the Ad Foundation presented the Gintong Haligi Award to the DDB Group and its client, PLDT-Smart Foundation, for the Ako Mismo campaign; ABS-CBN for Boto Mo Ipatrol Mo; Philippine Star for The Vote 2010 and Smart Vote; Philippine Seven Corporation for 7-Elections; and Bombo Radyo for The Vote 2010.
Change did, in fact, happen as a result of the presidential elections. Since Noynoy Aquino’s assumption of the presidency, there has been renewed hope in finally cleaning up the Aegean stable that our government has become.
But more change is required. And that change has to be initiated first of all – and most of all – among our children. Their minds are still malleable. The proper values can be implanted in them. But these values need to be nurtured up to adulthood. And this is where the creativity and the skills of the advertising industry can be put to such effective use.
It can be done. It has been done.
Over a century ago, an individual, a Game Changer, used his creative gifts to effect change. Meaningful change. Dr. Jose Rizal wrote Noli Mi Tangere and El Filibusterismo.
And Change happened.

(gregmacabenta@hotmail.com)

VIRTUAL REALITY: The Liwayway-Oishi story: 27 factories in eight countries (Pt. 2)

2011-10-27T11:46:00.001-07:00

From Tony Lopez

(In today’s column I am running the second part of the text of Liwayway Marketing CEO Larry Chan’s presentation before President Aquino and his official delegation during the presidential visit at the sprawling Liwayway factory complex in Shanghai, China, Sept. 2, 2011.)

BEING able to build a positive reputation in China has also allowed us to purchase 70 percent of a retail company in Shanghai with about 30 store locations in the city. It is called Lao Tong Sheng, a retailer of traditional Chinese products such as mushrooms, nuts, etc. Our Chinese partner is a district level state-owned company that chose us when they were privatizing some of their enterprises. We believe this is because of the successful partnerships we have had in the past and these state-owned enterprises still prefer to look for partners they can be comfortable with.
A star enterprise
We have also been consecutively awarded as one of the 100 Star Overseas Chinese Enterprises by the Overseas Chinese Affairs Office of the Central Government. This Office is a ministerial level department of the government with the main purpose of servicing and promoting linkages among the overseas Chinese around the world.
Aside from providing assistance in investments opportunities, they also help resolve any issues faced by the business. They also provide assistance in non-business matters such as cultural exposures, networking, education, or helping overseas Chinese get to know more about their roots in China.
According to one information we received, more than 70 percent of China’s foreign direct investments come from overseas Chinese investors.
Tapping emerging markets
My father’s focus when he entered China, Vietnam and Myanmar in the late ‘90s was to tap the emerging markets while they are still in their early stages. Being early poses its challenges as the infrastructures are still undeveloped, but in the example of Vietnam, we started in Ho Chi Minh by building a factory inside the Vietnam-Singapore Industrial Park.
This proved to be crucial as the management of the industrial park was able to provide valuable support while we were still trying to learn the local landscape. Now our Vietnam operations have expanded to four factories, with one in Hanoi, a second factory in the same industrial park in Ho Chi Minh, and a fourth one located in Danang located in central Vietnam.
Thailand and Indonesian markets are much more challenging markets because they are much more developed, but these are important markets to us as well.
Today, we feel that India and Cambodia are the young emerging markets similar to Vietnam in the 90s.
Philippine operations
Our Philippine operations remain very active with recent expansions in Cagayan and Cebu in 2002 and 2003, respectively. Just this year we also started operations in our Tarlac factory. The Philippines remains a very good consumer market for us with the highest consumption rate of our products among the countries we are presently in.
Our factory in Cavite also provides critical support to all our factories by manufacturing and supplying many of our machineries that are built to our specifications. We appreciate the talent and passion of our engineers towards learning new things and quality workmanship.
Supplies for our group’s exports to markets where we do not have factories all come from the
Philippines. In our case, the Philippines has several significant advantages, such as the numerous consolidators in our country making export of low value products like ours much more efficient.
Another advantage is the English packaging we use in the Philippines, which eliminates the need for us to make modifications when serving the export markets.
These are some of the limited experiences we have had as we continue to explore opportunities within Asia.

STREET TALK: MACARTHUR’S A-DAY

2011-10-27T11:45:00.001-07:00

From Greg Macabenta

To many Americans and Europeans, D-Day, the 6th of June, is of major importance in world history – important enough to bring to the continent droves of tourists, mainly veterans of World War II who fought in the European theater, and their families. It was on that day in 1944 when allied forces stormed the beaches of Normandy on the way to liberating Europe from the Nazis.
It was in that context that I suggested to Tourism Secretary Mon Jimenez, on my recent visit to Manila, that October 20 be viewed as an opportunity for tourism promotion. It was on that day in 1944 when U.S. forces, led by Gen. Douglas MacArthur, landed at Red Beach in Palo, Leyte to start the liberation of the Philippines.
To veterans of the war in the Pacific, that day is as significant as D-Day. In fact, for families of the thousands of U.S. and allied soldiers buried in the American cemetery in the former Fort Bonifacio, and those who fought in Bataan, Corregidor, Leyte and the many war fronts across the archipelago, October 20 should inspire an annual sentimental journey to the Philippines – similar to that one made by Gen. MacArthur and his wife, Jean, in 1961.
To MacArthur, October 20 was A-Day or Attack-Day. The day he would make good on his solemn vow, “I shall return!”
This fact would have been buried in the landfill of history had Filipino-American Rudy Ascercion not accidentally discovered a letter of an American sailor to his sweetheart, telling her, “Tomorrow is A-Day.”
Asercion is executive director of a San Francisco non-profit, the West Bay Pilipino Multi-Service Center, and a commissioner of the Veterans War Memorial Commission. He was rummaging through the archives of the Commission when he came upon the sailor’s letter.
Intrigued, Asercion dug further and confirmed from records that A-Day was MacArthur’s code name for the start of the liberation of the Philippines.
Asercion didn’t stop there. He brought this to the attention of the White House, with the support of Yolanda Stern, President Emerita of the Federation of Filipino-American Chambers of Commerce, and Maj. Gen. Antonio Taguba (Ret.), the FilAm general who blew the lid off the U.S. Army human rights abuses at Abu Ghraib prison in Iraq.
Acknowledging that A-Day was an occasion that merited honors, Pres. George W. Bush issued a proclamation to that effect. On October 20, 2004, the first official commemoration of A-Day in America was held at the Herbst Theater, War Memorial Bldg. in San Francisco. Foreign Affairs Secretary Albert del Rosario, who was then Philippine Ambassador to Washington, graced the occasion, along with officers of the American Legion, Philippine consular officials and FilAm community leaders.
Asercion, Taguba and Stern did not stop at this decidedly significant achievement. That same year, they lobbied for the California legislature to pass a bill that would include in the social science curriculum of the state’s Department of Education the vital role played by Filipino soldiers in World War II. Recognition of this role was pivotal in the granting of benefits to Filipino veterans by the U.S. Congress and the Obama presidency – a role denied by the Rescission Act of 1946.
Unfortunately, despite positive action by the state legislature, then Gov. Arnold Schwarzenegger vetoed a bill that would have given our veterans the recognition due them.
Unfazed, Asercion, Taguba, Stern and a more empowered FilAm community, including KAYA, a youth group that actively helped in the Obama presidential campaign, lobbied the current legislature and Gov. Jerry Brown. They finally succeeded.
Last October 8, Brown signed AB 199, co-authored by Assembly Pro Tempore Fiona Ma and Assemblyman Paul Cook, that urges the inclusion of Filipino World War II veterans in the 7-12 public high school curriculum in California.
According to Asercion, California is one of three states authorized to print textbooks for use in schools across the U.S. This could mean that the inclusion of Filipino veterans in textbooks used in the state will result in their inclusion in social studies in schools all over the country.
Like the Energizer bunny, Asercion just keeps going and going and going. To commemorate A-Day this year, he arranged for a luncheon in honor of 12 surviving Filipino veterans. Held at the War Memorial Building, the old soldiers and their wives had community leaders waiting on them.
Donning waiters’ aprons were Carmen Colet, president of the San Francisco FilAm Chamber of Commerce; Rodel Rodis, president of U.S. Pinoys for Good Governance and former president of the San Francisco Community College Board, and Yolanda Stern. I also volunteered to play waiter at the event.
Gen. Taguba, who resides in the Washington DC area, could not make it to the luncheon. But he continues to plug for Filipino veterans in his current key position in the Department of Veterans Affairs.
Also unable to attend was Assembly Pro Tempore Fiona Ma who was expected to announce, with Rodis, Stern and Asercion, the proposed curriculum mandated by AB-199.
The curriculum will include personal testimonies of Filipino veterans recorded on audio and videotapes, as well as historical records that Asercion has doggedly exhumed from the archives of the Commission. At the luncheon, several old soldiers were videotaped relating their war experiences.
For a number of reasons, the observance of A-Day this year was not be as high-profile or as impressive as the first one held in 2004. It’s easy to point out why this is so. Blame is so much easier to identify.
But the fact is that Rudy Asercion, Gen. Tony Taguba and Yolanda Stern have lighted an ember that continues to glow, despite community apathy. It just deserves to be fanned more vigorously, indeed, more creatively. The good news is that, at Seasons' Marketplace in Milipitas, Ben Menor and other South Bay community leaders also scheduled a commemoration of A-Day on Sunday, October 23.
Like the annual Filipino festivals that I also pointed out to Mon Jimenez as presenting rich opportunities to promote the Philippines and Philippine tourism, the ember of A-Day and AB-199 can be made to burst into flame.
We hope that more zealous and caring individuals will step up to fan the ember and help dispel the darkness of our anonymity in America and in the rest of the world.
(gregmacabenta@hotmail.com)

FROM THE CAPITOL: Prevailing Wages on Workers

2011-10-27T11:44:00.000-07:00

From Sen. Leland Yee

Governor Jerry Brown has signed into law legislation to ensure workers receive prevailing wages on energy service contracts of public agencies. Senate Bill 136, which I authored and itroduced, closes a loophole that allowed work to be done without prevailing wage on public infrastructure projects offered at so-called “no cost” by Energy Service Companies (ESCOs).
Typically, an ESCO conducts an audit in order to come up with a design to generate energy efficiency or develop energy on a public facility. Upon approval by the public agency, the ESCO typically pays for the design, construction management, and commission of the project with the understanding that whatever savings are realized from the project are then used to pay back the ESCO.
For example, if a school district can save $10,000 a year by installing energy efficient lighting and windows, the ESCO would front the cost of that upgrade, but the school district would transfer the savings to the ESCO for a fixed time period.
Despite the fact that the work is being completed on public infrastructure and will be paid back from energy savings that otherwise would have been utilized by the public agency, some have argued that such work is exempt from the prevailing wage requirements. SB 136 removes any doubt that prevailing wage must and should be paid on these types of public infrastructure improvements. This bill will ensure all public projects are completed using prevailing wage for workers.
While I am pleased the Governor signed the prevailing wage bill, it is very disappointing that he didn’t ensure corporations keep their promises. SB 364 is critical to holding big businesses accountable for job creation promises in exchange for any tax breaks.
Specifically, SB 364 would have required all future tax breaks related to job creation to have clear goals and performance measures. If a corporation failed to meet those promises, the state could recoup the tax credit.
A working mother on CalWORKS or disabled senior receiving in-home supportive services has to jump through numerous bureaucratic hoops to receive minimal life-sustaining benefits, but if you are a big corporation looking for scarce tax credits, no one asks any questions. California taxpayers deserve better.
Tax expenditures for corporations are often created with the argument that they will create jobs and fuel economic development. Yet under existing law, it is nearly impossible to track which companies are receiving tax credits and if those subsidies are meeting the goals of the expenditure. Corporations are even permitted to take taxpayer money and relocate to other states.
It is wrong for California to provide upwards of $14 billion in corporate tax credits without transparency and accountability. If a business fails to keep its word, or in some cases even moves out of the state, taxpayers should not have to foot the bill. This legislation was a win-win for Californians – corporations either help get people back to work or the state recoups the tax break and we can save our state’s safety net.
Many California businesses receive major credits and exemptions from dozens of state taxes. In fact, the tax credits passed as part of the September 2008 and February 2009 budget “solutions” will cost the state $8.7 billion in lost revenue from 2008-09 to 2014-15 and ongoing $2-2.5 billion yearly.

NO LIMITATIONS: Should the U.S. Ambassador apologize or resign for saying that 40% of foreign male visitors are sex tourists?

2011-10-11T13:49:00.001-07:00

By Atty Ted Laguatan

Within the context of a round table discussion with appellate court justices on combatting human trafficking, U.S. Ambassador Harry K. Thomas was quoted as saying: "We know that 40% of foreign men who travel to the Philippines, including Americans, do so for sexual tourism."
Concerned that this statement might affect the tourist trade, Assistant Secretary Domingo Enario of the Department of Tourism in knee-jerk fashion, immediately questioned the figures cited by Ambassador Thomas.
Senators Ponce Enrile, Panfilo Lacson and Chiz Escudero, also took pot shots at the Ambassador.
Enrile said: "...I don't think the statistics are correct."
Lacson took a stronger position: "He should at least clarify if he was misquoted by media. Otherwise, he should apologize to the Filipino people or pack his bags and go home for being tactless, offensive and being undiplomatic."
Escudero said that Thomas' statement was an embarrassment to the country.
Should Ambassador Thomas apologize or resign for saying 40% of male foreign visitors are sex tourists?
Let's be fair and look at the facts and reality. Our critical politicians and government officials appear to be confused and are missing the important issues here.
They do not deny that illegal, commercial sex is widespread and so easily accessible in the Philippines. This is an open secret.
Instead, they focus on the minutiae of statistical data. And so therefore, if one study says that only 39% of foreign men engage in sex tourism, they will point an accusing finger at the Ambassador and say: "You are wrong."
Understandably, it is probably impossible to have exact accurate statistics of just how many foreign men come to the Philippines for sexual tourism activities. How will the researcher or statistician proceed? He can't hang around the Ninoy Aquino International Airport foolishly asking newly arrived male tourist questions like: "Dude, did you come to the Philippines mainly for sex?"; or "Sir, are you a pedophile?"
However, the presence of so many foreigners in prostitution joints disguised as nightclubs, girlie bars and massage parlors in different Philippine cities and towns - in Pasay, Makati, Quezon City, Angeles, Olongapo, Cebu, etc. - affirms the undeniable fact that a huge number of foreign male tourists come to the Philippines for commercial illegal sex.
Thus, the real issue is not so much the pinpoint accuracy of the 40% figure cited by the Ambassador but whether or not a sizable number of male foreign tourists travel to the Philippines for illicit sex.
If it is the statistical data that was at issue, then if say, it is determined that the percentage of foreign me who travel to the Philippines is actually more than 40% but 43% - critics of the Ambassador's statement would still say he is wrong - with them entirely missing his point - which is, that too many foreign male tourists come here for illicit sex.
Even if only 5% of foreign male visitors come to the Philippines for illicit commercial sex, that is still too much.
In the first place, before launching criticisms and catcalls, let's look at why Ambassador Thomas' made this statement. Did he want Filipinos to look bad? Did he have any intentions to embarrass the country? Does he hate Filipinos?
Negative to all three questions. The humanist Ambassador Thomas takes the campaign against human trafficking seriously. In speaking engagements, he frequently speaks of the many innocent young people condemned into terrible situations forced by human traffickers to become prostitutes or slave labor workers.
In a speech last week in a conference of overseas Filipino leaders from around the globe he said: "Human sex trafficking is unconscionable. It's not just a Philippine problem, we also have it in the United States...this is a global challenge."
It was within the setting and context of a discussion with appellate justices on the campaign against human trafficking when he made this foreign male sex tourist statement. It was taken out of context by his critics. Clearly, he made the statement not to embarrass the Philippines but to help Filipinos.
Any thinking person who does not easily impute malice on others will clearly see the Ambassador's good intentions. His point: Many foreign male tourists come to the Philippines for illicit sex. If the market for these sex tourists continue and even increase, because of the profit involve - innocent young Filipinos will continue to be trafficked and victimized. We need to protect them.
He was not trying to drive away legitimate tourists. But what he hopes is that tourists who come for illicit sex especially pedophiles - do not come. He even encouraged the Justice Department to arrest Americans if they engage in illicit sex.
Ambassador Thomas' position is totally in line with the Department of Tourism's announced program of presenting wholesome nature and culture based offerings to foreign tourists. Certainly, we don't want the money of foreign sex tourists that destroy the bodies and souls of our people. Instead of criticizing him, Department of Tourism officials should thank and honor him.
The irresponsible statement by Senator Lacson for him to apologize or pack up is totally uncalled for. He has done nothing for which he needs to apologize and correctly affirms that he will not apologize. He should not.
It is not Ambassador Thomas' statement that should be a cause of embarrassment to us because he was merely stating the obvious. Instead, it should be the failure of our lawmakers and corrupt law enforcers to stop widespread illegal commercial sex. This situation encourages foreign sex tourists to continue to come.
One of the U.S.' top career diplomats, Thomas became the first African American Ambassador to the Philippines. Previously, he was Director General of the Foreign Service. He has an impressive background: He graduated from the Jesuit Holy Cross College and did graduate studies at Columbia University. He was Ambassador to Bangladesh and also held posts in different countries: India, Zimbabwe, Nigeria, Peru. He also served as Executive Director in the State Department and was Special Assistant to the former Secretary of State Condooleeza Rice.
A remarkable linguist, he speaks Spanish, Urdu, Bangla and now also speaks Tagalog - with a slight New York accent.
The previous Ambassador Kristie Kenney was a hard act to follow. She was very popular with Filipinos. She attended social functions, did interviews on popular TV shows, met with local leaders and watched Ateneo versus La Salle basketball games. She secretly cheered for the Ateneo team and was an avid fan of basketball star Chris Tiu.
But in the one year and a half that Ambassador Thomas has been here, he has made a tremendous impact on Philippine affairs.
Let's just look at some of his other most recent public statements which clearly indicate his goodwill towards Filipinos.
Just days ago, he commented: "The US is very proud to ally itself with an honest government." He praised President Aquino for bringing honesty back to government.
Let's look at the significance and impact of this statement. First, it's an honest diplomatic way of saying that the past administration provided dishonest leadership. Indeed, during the past administration, the Philippines had the reputation of being the second most corrupt country in Asia and arguably maybe the most corrupt as new discoveries of corruption continue to emerge.
With Ambassador Thomas' statement to the world that we now have an honest President who's working hard to have an honest and transparent government - the world now looks at us with more respect. Investors are now more inclined to invest in the Philippines. It also adds to Filipinos having more faith in their government.
The Ambassador also gave a short statement two weeks ago which I believe was quite remarkable indicating that he is a true humanist. He stated: "This week marks the 39th anniversary of the imposition of martial law. It was not the finest hour for the Philippines nor the United States."
About 30,000 people were victims of the dictatorship. Ambassador Thomas' statement was a surprisingly honest admission and condemnation of the United States' role in propping up a corrupt and brutal dictatorship. For this alone, he deserves our highest respect.

Note: The California State Bar honors Atty. Ted Laguatan as one of only 29 lawyers in the U.S. officially certified continuously for more than 20 years as Expert Specialists in Immigration Law. He also does accident injuries, wrongful death and complex litigation. For communications: (San Francisco area) 455 Hickey Blvd. Ste. 516, Daly City, Ca 94015 tel 650 991-1154 fax 650 991-1186 email laguatanlaw@gmail.com

FROM THE CAPITOL: Airbag Repair Fraud

2011-10-11T13:48:00.001-07:00

By Sen. Leland Yee

Earlier this week, Governor Jerry Brown signed into law a bill to protect consumers from fraudulent repair of car airbags. Senate Bill 869, which I authored and introduced, would create a new crime of $5,000 and/or one year in prison for an automotive repair dealer who purports to replace a deployed airbag but who in fact fails to fully repair and restore it.
According to a study by the National Highway Traffic Safety Administration (NHTSA) the most common reason for a malfunctioning airbag was that the airbag was missing or never replaced after a previous crash.
A recent report by National Public Radio (NPR) showed some dealers and repair shops even stuffed airbag compartments with aluminum cans, shoe leather, packaging materials, and even paper.
SB 869 will save lives. Some of the stories we have heard involving airbag repair, or lack thereof, are simply unconscionable. This law will help ensure consumers are protected and body shops are accountable.
“It is long overdue to have real penalties for deceiving consumers and putting lives at risk,” said Clarence Ditlow, Executive Director of the Center for Auto Safety. “Senator Yee’s SB 869 will address these numerous occurrences of auto repair fraud, particularly where consumers pay over $1,000 for replacement airbags and don’t get them.”
While the exact number of fraud cases is impossible to determine, several cases demonstrate the need for the legislation.
In 2009, 10News in San Diego reported on a father and mother who lost their son due to air bag fraud and were awarded a $15 million dollar judgment against the owner of an auto repair shop. Their son was killed in a car accident as result of a fraudulent airbag repair in which the body shop filled the steering wheel with paper instead of a new airbag.
In 2003, a Houston woman was badly injured and her mother killed after a collision in which the passenger airbag was simply stuffed back in and taped shut and the driver’s side airbag was completely missing.
Also in 2003, a student in Seattle died in a crash after her previously deployed airbag was simply cut out and a fake dashboard inserted.
In addition to the Center for Auto Safety, SB 869 was supported by Certified Automotive Parts Association, Consumer Federation of California, Consumers Union, Trauma Foundation, and the Alliance of Automobile Manufacturers, among others.
SB 869 officially becomes law on January 1, 2012.

VIRTUAL REALITY: The greatness of Steve Jobs

2011-10-11T13:46:00.003-07:00

By Tony Lopez

STEVEN Paul Jobs, the man who I think is the greatest tycoon of our time, died peacefully in his sleep in the presence of family members, on Wednesday, Oct. 5, 2011, in California, (Thursday morning Oct. 6, 2011 in Manila). Born February 24, 1955, he was 56. He died from complications from pancreatic cancer.
“Steve’s brilliance, passion and energy were the source of countless innovations that enrich and improve all of our lives,” Apple’s board said in a statement. “The world is immeasurably better because of Steve.”
Jobs battled cancer in 2004 and underwent a liver transplant in 2009. He took another leave of absence in January—his third since his health problems began—before resigning as CEO six weeks before he died. Jobs became Apple’s chairman and handed the CEO job over to his hand-picked successor, Tim Cook.
“Steve was among the greatest of American innovators - brave enough to think differently, bold enough to believe he could change the world and talented enough to do it,” mourned President Barack Obama.
“By building one of the planet’s most successful companies from his garage, he exemplified the spirit of American ingenuity. By making computers personal and putting the Internet in our pockets, he made the information revolution not only accessible, but intuitive and fun.”
Obama added:“And by turning his talents to storytelling, he has brought joy to millions of children and grown-ups alike. Steve was fond of saying that he lived every day like it was his last. Because he did, he transformed our lives, redefined entire industries and achieved one of the rarest feats in human history: He changed the way each of us sees the world.”
“The world has lost a visionary. And there may be no greater tribute to Steve’s success than the fact that much of the world learned of his passing on a device he invented,” the US president noted.
Jobs’s greatness lies in the impact of his work. He remade seven major industries—the PC, software, music, telephony, movies, television and cloud computing, so that today, billions enjoy a better life and lifestyle.
His inventions or innovations were enthralling in their design and technology and marvels of simplicity and user friendliness: Apple II, Macintosh, the iPod, iTunes, iMovie, iPhone, the iPad.
The last two products have yet to make their full run in the market.
Together, the iPhone and the iPad will probably kill the laptop computer as we know it today, along with the digital camera, the television business, and most other kinds of electronic toys and gadgets.
“The products he’s shepherded into existence with single-minded visionread like a Top 10 list, or a Top 50 list, of the world’s most successful inventions: Macintosh. iPod. iPhone. iTunes. iMovie. iPad,” said David Pogue of The New York Times six weeks before Jobs died.
As of March 2011, 108 million iPhones had been sold. As of June 2011, 25 million iPads had been sold. The iPod was introduced in 2001. Jobs increased the market price of Apple from $10 to $400 a share.
The iPhone was launched in 2007. Since that time, Apple share price had tripled.
The iPhone combines a mobile phone, a widescreen iPod with touch controls, and an Internet communications device in a single handheld product.
In June 2010, Apple introduced the iPhone 4 featuring an all-new design, FaceTime video calling, a new high resolution Retina™ display, a 5 megapixel camera with LED flash and front-facing camera, high definition video recording, Apple’s A4 processor and a 3-axis gyroscope. A new iPhonemodel was introduced this October.
In January 2010, Apple introduced the iPad, a multi-purpose mobile device for browsing the web, reading and sending email, viewing photos, watching videos, listening to music, playing games, reading e-books and more.
Jobs fused humanities and arts with engineering and technology to produce products of great elegance, simplicity, user friendliness, power and versatility.
“Technology alone is not enough,” explained Steve at the end of his speech introducing the iPad 2, in March 2011. “It’s technology married with liberal arts, married with humanities, that yields the results that make our hearts sing.”
Jobs also proved that you don’t need a formal education to succeed in business or in life. He created the riddle: which is the better course—humanities or engineering. He excelled in both, without earning a degree in either. Many of his management qualities should probably taught in the business school—vision, persistence, customer focus, attention to detail, savvy marketing, dictatorial grip on product development and marketing.
So successful had Jobs been at Apple that on Aug. 9, 2011, the company became, briefly, the world’s most valuable publicly held enterprise at $343 billion, higher than the $334 billion valuation of Exxon MobilCorp. Apple today is worth more than Microsoft and Intel combined, the two companies that made the PC a commodity and initially stole the thunder from Jobs’s Apple. Jobs himself was worth $8.3 billion.
Apple today has a market price of $348 billion, down from its 12-month peak of $422.86 billion. The company will probably be hurt by Jobs’ demise. No other company had its fortune and fortune inextricably intertwined with the vision and persona of its CEO.
Apple changed the game in the smartphone market with its iPhone, andthe e-book market with its iPad touch-screen device.
Steve once said “Death is very likely the single best invention of Life. It is Life’s change agent. It clears out the old to make way for the new.”
Jobs took his personal motto from the final page of Whole Earth Catalog. The book, he told graduates at at Stanford in 2005, ends with the admonition “Stay Hungry. Stay Foolish.”

STREET TALK: Harnessing Overseas Filipino Media

2011-10-11T13:46:00.001-07:00

By Greg Macabenta

The Commission on Filipinos Overseas, chaired by Sec. Imelda Nicolas, is holding the Global Summit of Filipinos in the Diaspora at the Philippine International Convention Center. The three-day conference (from September 27 to 29), organized in cooperation with U.S. Pinoys for Good Governance (USPGG) and National Federation of Filipino American Associations (NaFFAA), is an ambitious effort to harness the potentials of overseas Filipinos for national development.
NaFFAA, of which I used to be national chairman, is the largest coalition of Filipino organizations in America. USPGG, with TLC Beatrice CEO Loida Nicolas Lewis and lawyer-activist Rodel Rodis, as chair and president, respectively, started out as U.S. Pinoys for Noynoy-Mar, which campaigned actively for the Aquino-Roxas tandem in the last presidential elections. It metamorphosed into its present structure on the premise that, having helped PNoy win, Filipino-Americans should help him succeed.
While overseas Filipinos – both OFWs and those who have become either permanent residents or naturalized citizens of their adopted countries – have already been actively helping the Motherland, mainly with billions in remittances, there is still much that they can do for the Philippines in the areas of health, education, investments, technology transfer and tourism development. This is the thrust of the Global Summit.
But to be in a better position to help the Philippines, overseas Filipinos need to be empowered in their adopted countries – socially, economically and politically. In the U.S. this is being achieved, although laboriously. In Europe, the Middle East and around Asia, most of our kababayan are still trying to emerge from servitude, reminiscent of the Pinoy experience in America in the early 1900s.
An empowered overseas Filipino community can be a potent force. This was demonstrated in the lobbying efforts in the U.S. Congress that resulted in the passage of benefits for Filipino World War II veterans, and in the support given to then Philippine Ambassador to the U.S. and now Secretary of Foreign Affairs Albert del Rosario in his fight to keep the Philippines in the investment portfolio of CalPERS. Medicare portability, the Save Our Industries Act and the Spratleys controversy are three issues of importance to the Philippines that Filipinos in the U.S. are now actively focusing on.
Tourism promotions is one major concern where an empowered overseas Filipino community can be of great help.
In this regard, overseas Filipino media – mainly newspapers and TV - can be among the most potent vehicles for helping achieve empowerment – but only with a better appreciation of their tremendous capabilities and how to put them to effective use.
There is a lot of talk about exploiting New Media, but this is a field that still needs to be fully understood and mastered. Social media, dominated by FaceBook, is still like a Tower of Babel, with sometimes-heroic and mostly-clumsy attempts at communications management mixed with a flood of irrelevant chatter.
On the other hand, overseas Filipino print media and TV are just waiting to be put to proper and effective use.
I’m delivering a paper on this topic at the Global Summit. My thesis is simple enough. If you’re a Pinoy newcomer in a foreign country and you want to know how you can meet your kababayan or where you can buy bagoong or eat Jollibee or how you can send money or a balikbayan box home, you only need to pick up a Pinoy newspaper. You can find them, whether you’re in Tel-Aviv, Singapore, Sydney or London and most especially if you’re in California, New York or Chicago.
Pinoy media, particularly the international TV operations of GMA Network and ABS-CBN, will also keep you abreast of the latest showbiz gossip and the political circus in the Philippines.
But if you want to know about vital issues in your adopted country that affect you as an overseas Filipino, you’re out of luck. You’ll hardly pick up any stories in overseas Filipino media on developments in the White House or on Capitol Hill or in the parliaments or state assemblies or city halls that are written or reported in terms relevant to you.
Overseas Filipino media should logically be skewing mainstream news to your needs, but they don’t. They’re too busy telling you what’s happening in the Philippines. ABS-CBN produces Balitang America and its equivalent in Europe, the Middle East and Australia, which report on news and issues relevant to the Filipino communities in their specific coverage areas. But these are limited efforts and only serve to underscore the unmet needs of overseas Pinoys.
The mainstream media report the news in general terms. Whether or not they specifically affect you as a Pinoy is up to you to figure out. In the wake of the 9/11 terrorist attack, most Filipinos in the U.S. failed to appreciate the impact of the Patriot Act on them – in many cases, to their grief.
The bottom line is that, instead of helping Filipinos assimilate and integrate, Filipino media tend to perpetuate their status as mere visitors and strangers in their adopted countries.
Small wonder that, in America, where over 40 percent of people of Filipino descent are U.S.-born, the youth know very little about their parents’ Motherland.
For mainstream societies and governments in countries where Filipinos reside in large numbers, Filipino media should be the logical source of information on the Philippines and our people. Filipinas Magazine, published by Mona Lisa Yuchengco for 13 years and by me for almost five years, did exactly that. It told of Filipino achievers in the American mainstream and generated pride among young FilAms. Unfortunately, the magazine lost too much money and had to close down.
As far as I can tell, only Filipino Reporter in New York has taken steps to build a link with the mainstream. Mayor Michael Bloomberg of New York City and State Governor Andrew Cuomo both write regular columns in the newspaper.
Years ago, Alex Esclamado, as publisher-editor of Philippine News, used his newspaper as a bully pulpit to promote the interests of the Filipino community, including farm workers’ rights, equitable benefits for Filipino World War II veterans, and the right of Filipino doctors, accountants and other professionals to practice their professions in the U.S. He got results.
Unfortunately, overseas Filipino media have difficulty surviving, even under benign economic conditions – worse, in recessionary times. Understaffed and underfunded, they take the point of least resistance and resort mostly to “download journalism” or picking up stories from online editions of Manila publications. Not surprisingly, only Pinoys are interested in them. Why would the White House or Capitol Hill be interested in Pinoy showbiz tsismis or the inquisition in the Philippine Senate?
In these times, when our government can use every available resource to promote Philippine interests abroad, efforts should be undertaken to tap overseas Filipino media. Hopefully, the Global Summit of Filipinos in the Diaspora will appreciate their potentials and take the necessary steps to harness them.
The Commission on Filipinos Overseas may be the logical government agency to take on this challenge.

(gregmacabenta@hotmail.com)

VIRTUAL REALITY: 39 years after, the lessons from martial law

2011-09-27T10:50:00.002-07:00

By Tony Lopez

THIRTY-NINE years ago this month, Ferdinand E. Marcos declared martial law. The day was September 21, a Friday in 1972 but it was two days later, September 23, when Marcos announced it.
I was a victim of martial law. I lost my cozy Manila Times job as a senior business reporter and construction editor. The Times then had 70 percent of the market, more than the circulation of the three other dailies combined.
By October 1972, I had joined the Mainichi Shimbun, Japan’s oldest newspaper, as Manila stringer, to help locate the Japanese straggler Hiroo Onoda, after his colleague was killed by army soldiers on Lubang island the previous month, September. Onoda surrendered in March 1974.
I also joined The Times Journal in 1973 and became its business editor in 1976, the youngest business editor then. In 1978, l joined Asiaweek and became its senior correspondent for 25 years. My Asiaweek work gave me my TOYM in international journalism.
The martial law rule regime had a healthy respect for foreign correspondents. On the other hand, the military censors didn’t understand business journalism. So I thrived—both as a foreign correspondent and as a business journalist.
Looking back, I see martial law was about leadership and taking charge.
In the early 1970s, Philippine society was riven by discord and class war. Only 100 families, the oligarchs, ruled the economy and its politics. Social inequity was revolting. Communist guerillas were active in the countryside. Muslim separatists were arming themselves, using petrodollars. The communists were about to overtake South Vietnam and from there, it was feared, leap-frog to the rest of Southeast Asia.
Marcos was the subject of assassination plots. Marcos deployed the powers of the presidency against his enemies and the enemies of the state.
Martial law enabled Marcos to impose strongman rule for nine years, from September 1972 to 1981 when he was supposed to have lifted it, and to rule by decree for 14 years, from September 1972 to February 1986 when he was ousted by a four-day Church-backed People Power revolt that eventually inspired some 30 other countries ruled by despots to return to democracy.
Was Marcos’s martial law bad? The answer is yes and no.
Yes, because martial law destroyed the Philippines’ carefully cultivated image as the show window of democracy of Asia.
But that democracy had been made fragile by a greedy economic and political elite and by a widening gap between the rich and the poor which a nascent but growing communist guerilla movement, inspired and funded by Red China, and by a stirrings of self-determination by an even more impoverished Muslim population, tried to exploit to their advantage.
Yes, because martial law led to many abuses and human rights violations never before experienced since the four years of the Japanese occupation.
Martial rule also freed the military from the barracks to intervene in purely military affairs and share power with the civilian government.
After martial law, no president was ever safe from coup attempts and military destabilization. Marcos had one coup—a very successful one, leading to his ouster. Corazon Aquino had nine, all unsuccessful with two of them bloody, and Joseph Estrada had one, also very successful.
No, because martial law was in the main, good for the country, especially during its first five years.
It instilled discipline among the people, much unlike today’s matuwid na daan concept of President Benigno Aquino III. People went home early and spent more time with their families. The drug lords were checked by the televised killing by musketry of a notorious drug syndicate leader.
More than 200,000 firearms were seized from private hands. Private armies were disbanded, almost overnight. With the ensuing peace and stability came the economic payback.
In 1973, the Philippines produced a rice surplus. In 1974, the country scored its highest ever, by then, annual GDP growth rate of 9.8 percent.
With the commodities boom, exports ballooned. Martial law conditions enabled the country to cope with the debilitating effect of the first major global energy crisis, the quadrupling of the price of oil in 1974.
In 1975, Marcos granted naturalization to ethnic Chinese businessmen by decree.
“It allowed droves of ethnic Chinese to become citizens in a few months’ time, simply upon the dictator’s signature, empowering them to own lands and enter industries constitutionally banned to foreigners, thereby releasing their entrepreneurial energies,” wrote Inquirer columnist Rigoberto Tiglao in his Sept. 22 column, “Demystifying Marcos’s martial law regime”.
Marcos united the elite economic and political class. He united an archipelago of 7,017 islands.
Tiglao wrote: “For the Castillian-descended elites, Marcos reminded them of a dictator they admired: Generalissimo Francisco Franco who defeated the Spanish communists.”
“The Sorianos’ and Ayalas’ conglomerates grew by leaps and bounds during martial law. It was our economic and ideological elite that embraced and supported the martial law regime, and made up its main pillar—more than the military,” concluded Tiglao, a self-confessed communist guerilla during the martial law years.
The lesson to draw then from Marcos’s nine years of martial law and 14 years of rule by decree: Leadership and taking charge.
Interviewed by this writer shortly after he was sent into exile in Hawaii, Marcos said one of his legacies was “saving the Philippines from communism”, which was then leapfrogging from Vietnam into Indochina and into the rest of Southeast Asia.
Of course, in 1975, Vietnam fell into the hands of the communists. The Vietnamese didn’t export communism. Instead, they buckled down to work and adopted the capitalist system.
Today, Vietnam grows better economically, attracts more foreign investments and draws more tourists than the Philippines. Vietnam’s secret? Leadership and focus.
One other lesson of martial law: An incompetent president does as much damage as a corrupt but capable president. Yet, Filipinos look kinder on incompetent presidents than corrupt and competent ones.
Perhaps, in the next ten years, Marcos’s presidency will be seen in a better light and show him for what he really was—a very good but flawed president.

STREET TALK: Harnessing Overseas Filipino Media

2011-09-27T10:50:00.000-07:00

By Greg Macabenta

The Commission on Filipinos Overseas, chaired by Sec.Imelda Nicolas, is holding the Global Summit of Filipinos in the Diaspora at the Philippine International Convention Center. The three-day conference (from September 27 to 29), organized in cooperation with U.S. Pinoys for Good Governance (USPGG) and National Federation of Filipino American Associations (NaFFAA), is an ambitious effort to harness the potentials of overseas Filipinos for national development.
NaFFAA, of which I used to be national chairman, is the largest coalition of Filipino organizations in America. USPGG, with TLC Beatrice CEO Loida Nicolas Lewis and lawyer-activist Rodel Rodis, as chair and president, respectively, started out as U.S. Pinoys for Noynoy-Mar, which campaigned actively for the Aquino-Roxas tandem in the last presidential elections. It metamorphosed into its present structure on the premise that, having helped PNoy win, Filipino-Americans should help him succeed.
While overseas Filipinos – both OFWs and those who have become either permanent residents or naturalized citizens of their adopted countries – have already been actively helping the Motherland, mainly with billions in remittances, there is still much that they can do for the Philippines in the areas of health, education, investments, technology transfer and tourism development. This is the thrust of the Global Summit.
But to be in a better position to help the Philippines, overseas Filipinos need to be empowered in their adopted countries – socially, economically and politically. In the U.S. this is being achieved, although laboriously. In Europe, the Middle East and around Asia, most of our kababayan are still trying to emerge from servitude, reminiscent of the Pinoy experience in America in the early 1900s.
An empowered overseas Filipino community can be a potent force. This was demonstrated in the lobbying efforts in the U.S. Congress that resulted in the passage of benefits for Filipino World War II veterans, and in the support given to then Philippine Ambassador to the U.S. and now Secretary of Foreign Affairs Albert del Rosario in his fight to keep the Philippines in the investment portfolio of CalPERS. Medicare portability, the Save Our Industries Act and the Spratleys controversy are three issues of importance to the Philippines that Filipinos in the U.S. are now actively focusing on.
Tourism promotions is one major concern where an empowered overseas Filipino community can be of great help.
In this regard, overseas Filipino media – mainly newspapers and TV - can be among the most potent vehicles for helping achieve empowerment – but only with a better appreciation of their tremendous capabilities and how to put them to effective use.
There is a lot of talk about exploiting New Media, but this is a field that still needs to be fully understood and mastered. Social media, dominated by FaceBook, is still like a Tower of Babel, with sometimes-heroic and mostly-clumsy attempts at communications management mixed with a flood of irrelevant chatter.
On the other hand, overseas Filipino print media and TV are just waiting to be put to proper and effective use.
I’m delivering a paper on this topic at the Global Summit. My thesis is simple enough. If you’re a Pinoy newcomer in a foreign country and you want to know how you can meet your kababayan or where you can buy bagoong or eat Jollibee or how you can send money or a balikbayan box home, you only need to pick up a Pinoy newspaper. You can find them, whether you’re in Tel-Aviv, Singapore, Sydney or London and most especially if you’re in California, New York or Chicago.
Pinoy media, particularly the international TV operations of GMA Network and ABS-CBN, will also keep you abreast of the latest showbiz gossip and the political circus in the Philippines.
But if you want to know about vital issues in your adopted country that affect you as an overseas Filipino, you’re out of luck. You’ll hardly pick up any stories in overseas Filipino media on developments in the White House or on Capitol Hill or in the parliaments or state assemblies or city halls that are written or reported in terms relevant to you.
Overseas Filipino media should logically be skewing mainstream news to your needs, but they don’t. They’re too busy telling you what’s happening in the Philippines. ABS-CBN produces Balitang America and its equivalent in Europe, the Middle East and Australia, which report on news and issues relevant to the Filipino communities in their specific coverage areas. But these are limited efforts and only serve to underscore the unmet needs of overseas Pinoys.
The mainstream media report the news in general terms. Whether or not they specifically affect you as a Pinoy is up to you to figure out. In the wake of the 9/11 terrorist attack, most Filipinos in the U.S. failed to appreciate the impact of the Patriot Act on them – in many cases, to their grief.
The bottom line is that, instead of helping Filipinos assimilate and integrate, Filipino media tend to perpetuate their status as mere visitors and strangers in their adopted countries.
Small wonder that, in America, where over 40 percent of people of Filipino descent are U.S.-born, the youth know very little about their parents’ Motherland.
For mainstream societies and governments in countries where Filipinos reside in large numbers, Filipino media should be the logical source of information on the Philippines and our people. Filipinas Magazine, published by Mona Lisa Yuchengco for 13 years and by me for almost five years, did exactly that. It told of Filipino achievers in the American mainstream and generated pride among young FilAms. Unfortunately, the magazine lost too much money and had to close down.
As far as I can tell, only Filipino Reporter in New York has taken steps to build a link with the mainstream. Mayor Michael Bloomberg of New York City and State Governor Andrew Cuomo both write regular columns in the newspaper.
Years ago, Alex Esclamado, as publisher-editor of Philippine News, used his newspaper as a bully pulpit to promote the interests of the Filipino community, including farm workers’ rights, equitable benefits for Filipino World War II veterans, and the right of Filipino doctors, accountants and other professionals to practice their professions in the U.S. He got results.
Unfortunately, overseas Filipino media have difficulty surviving, even under benign economic conditions – worse, in recessionary times. Understaffed and underfunded, they take the point of least resistance and resort mostly to “download journalism” or picking up stories from online editions of Manila publications. Not surprisingly, only Pinoys are interested in them. Why would the White House or Capitol Hill be interested in Pinoy showbiz tsismis or the inquisition in the Philippine Senate?
In these times, when our government can use every available resource to promote Philippine interests abroad, efforts should be undertaken to tap overseas Filipino media. Hopefully, the Global Summit of Filipinos in the Diaspora will appreciate their potentials and take the necessary steps to harness them.
The Commission on Filipinos Overseas may be the logical government agency to take on this challenge.
(gregmacabenta@hotmail.com)

FROM THE CAPITOL: Access to Sterile Syringes

2011-09-27T10:49:00.001-07:00

By Senator Leland Yee

As the California State Legislative Session came to a close two weeks ago, legislative members await Governor Jerry Brown’s signature on hundreds of bills. Of those, doctors, nurses, and pharmacists have joined AIDS and hepatitis prevention advocates in urging Governor Brown to sign legislation which I authored and introduced to allow pharmacies to sell sterile syringes to an adult without a prescription.
Currently, 47 states allow pharmacists to sell syringes without a prescription. Most states amended their laws in light of overwhelming evidence that criminalizing access to sterile syringes led drug users to share used ones, and that sharing syringes spread HIV, hepatitis B, hepatitis C and other blood-borne diseases that can live in a used syringe.

Under an existing pilot program, pharmacies in Los Angeles County, San Francisco, and some other parts of the state have been allowed to sell syringes without a prescription. This bill, Senate Bill 41 would extend this program to allow pharmacists throughout the state to participate.

AIDS and hepatitis do not recognize county borders and thus our current policy is not nearly as effective as it should be. It is imperative that the Governor signs SB 41 into law to help reduce healthcare costs to taxpayers and save lives.

Because most states do not require a prescription for syringes, diabetics who visit our state may not even have a prescription and come here assuming they can purchase needles at a pharmacy. This bill will ensure those diabetics or others who need syringes for health purposes will not be stranded here in California without the ability to administer life-saving insulin and other medicines.

The approach in this bill has been evaluated extensively throughout the world and has been found to significantly reduce rates of HIV and hepatitis without contributing to any increase in drug use, drug injection, crime or unsafe discard of syringes. In fact, there is not one published study that refutes these findings.
Sharing of used syringes is the most common cause of new hepatitis C infections in California and the
second most common cause of HIV infections. The state Department of Public Health estimates that approximately 3,000 California residents contract hepatitis C through syringe sharing every year and another 750 cases of HIV are caused by syringe sharing.

These diseases are costly and potentially deadly. Hospitalizations for hepatitis B and hepatitis C cost the state $2 billion in 2007, according to a report by the California Research Bureau. The lifetime cost of treating hepatitis C is approximately $100,000, unless a liver transplant is required, and then the cost exceeds $300,000 per surgery. The lifetime cost of treating HIV/AIDS is now estimated to exceed $600,000 per patient.

SB 41 has been supported by the San Francisco AIDS Foundation and Drug Policy Alliance. As well as the AIDS Project Los Angeles, American Civil Liberties Union, California Hepatitis Alliance, California Nurses Association, California Psychiatric Association, California Retailers Association, County Alcohol & Drug Program Administrators, California Medical Association, California Pharmacists Association, Walgreens, Rite-Aid, City and County of San Francisco, Health Officers Association of California, and Equality California, among others.

Last year, former Governor Arnold Schwarzenegger vetoed a previous version of this bill, SB 1029.

NO LIMITATIONS: Half Filipino-half Jew

2011-09-14T12:46:00.000-07:00

By Ted Laguatan

The most famous part Filipino-part Jew person in the world is comedian Rob Schneider. I understand he has a Jewish father and a mother who is half Filipina and half mixed Caucasian. That makes him 1/4 Filipino 1/2 Jew and 1/4 something else. Very funny and talented guy.

Another celebrity with Jew-Filipino blood is Hailee Steinfield, the talented multi-awarded actress who was nominated in the 2010 "True Grit" film as Best Supporting Actress. I came across two other not so well known part Jew part Filipino individuals in the Internet and that was it. There were none others that I could point to.

Apparently individuals with Jew-Filipino blood are extremely rare on this planet. I did meet a couple of Filipinas married to Jews but they did not have any children. So far, for the many years that I have lived, I have yet to personally meet a person with Filipino and Jewish blood. I am sure that they would mostly be found in the Philippines and New York where Jews and Filipinos live - but relatively few compared to the rest of the population.

However, around the second week of November this year, for the first time in my life, I will meet a half Filipino-half Jew individual. His Filipino blood comes from me and my wife and his Jewish blood comes from his father.

Yes, the first half Filipino-half Jew person that I will be meeting in my life will be my first grandson.
The Old Testament refers to the Jews as "God's chosen people" - perhaps because among other things, the Messiah Jesus Christ, would come from them. I am fascinated, excited, thrilled and honored by the prospect of having a grandson who comes from an ancient race from which my Lord came from.

Who knows if within him, he carries the genes of the great patriarchs, prophets and personages like Abraham, Moses, Joseph, Isaiah, David, Solomon, Blessed Mother Mary and her great humble husband Joseph or great thinkers, writers and artists like Karl Marx, Benjamin Disraeli, Albert Einstein, Sigmund Freud, Marc Chagall, Hannah Arendt, Woody Allen and so many others.

However I entertain no expectations on him being super bright or super talented even if genetically and potentially, on both his father and Mother's side, the genes that make that possible are prevalent. Every child is a blessing and being bright, talented, handsome or pretty are mere incidentals which should not be a factor on whether they should be loved and nurtured as they need to be.

But I do wonder what he will be like when he grows up to be a man. Will he be concerned about Filipino issues? Or will he be more concerned about Jewish issues? Or both?

It really makes no difference what particular issues he gets involved with - as long as it relates directly or indirectly to the sacred issue of being involved in trying to create a better world. Over dinner a couple of nights ago in a San Francisco Thai restaurant, his Jewish grandfather and grandmother who were visiting from Arizona - agreed with me that what is important in a person's life is to live a meaningful life. We all understand "meaningful" as synonymous to helping others.

Our grandson will certainly have no lack of role models. His Jewish grandfather who retired from the World Bank some years back now volunteers his time helping the needy in fixing or repairing their houses whether it be carpentry, plumbing or electrical problems. His psychologist Jewish grandmother helps many with her counseling work. His own father was a peace corps volunteer in Thailand teaching various technologies to rural Thais to improve the quality of their lives.

On the Filipino side of his family, he will also have role models including a lawyer grandfather who will try to teach him to love God above everything else, to love his fellowmen as himself and absolutely be committed to truth and justice.

He will probably have his own special talents and probably be funny too at times like Schneider. He might formulate some hybrid delicacies unique to his species like bagel adobo sandwich, Bangus gefilte or mango strudel.

His father and mother have yet to decide on a name. Of course that decision is for them to make. "Benigno", "Bayani" or some other Filipino name may not be bad choices coupled with his Jewish last name.
Even before my daughter met my son in law, she had already converted to Judaism. Initially, I was very much bothered when she told me of her pending decision as we raised her as a Catholic and all of her education was in Catholic schools. I told her to seriously consider what she was doing.

However, I do know that God works in strange ways and He certainly is far wiser than me. It is Him who must ultimately determine how He will lead my daughter to Him - not me. I should respect His way. What we believe in is a product of our own experience. Our spiritual journey is a continuing process that goes on as we go through life. What counts is our sincerity and openness to truth.

My belief that Jesus Christ is God is the result of personal experiences that I have gone through that have led me to this conclusion.

I had not caused these experiences. But neither do I think that they were accidental. They were part of God's plan for me. He may not have the same specific plan for my daughter or others - but that does not mean He will not bring them to Him through some other way.

A few days after my daughter told me she was converting to Judaism,
I told her: "If you sincerely believe in your heart that this is the right thing for you to do in order to truly love God, then you must do it. In anything where you sincerely truly believe that you are doing the right thing, you must be true to yourself. Even if it means going against my wishes, you have to be true to yourself."

I believe that when a person sincerely seeks to know and love God, as he or she journeys on through life in search of God's truth - God Himself will find a way for him or her to eventually arrive at His truth.

That is why I am no longer bothered that my daughter had converted to Judaism. Neither am I bothered when she tells me that my grandson will have the same religion. As his mind and character develops, he will be more curious about his being half Filipino and also about his grandparent's Catholic religion.

He will also wonder how his lolo arrived in the U.S. from the Philippines with only fifty dollars but somehow managed to go to a good law school and become a lawyer. I will definitely teach him the value of being courageous and taking risks when you are fighting for something worth dying for.

If he grows up with the thought of living a meaningful life, sincerely loving God above everything else and a commitment to truth - God will lead him through paths unique to him and eventually to a place in God's heart.

Note: The California State Bar honors Atty. Ted Laguatan as one of the best immigration lawyers in the U.S. He is one of only 29 lawyers officially certified continuously for more than 20 years as an Expert Specialist in Immigration Law. He also does accident injuries, wrongful death and complex litigation. For communications: (San Francisco Area) 455 Hickey Blvd. Ste. 516, Daly City, Ca 94015 tel 650-991-1154 fax 650-991-1186 email laguatanlaw@gmail.com

VIRTUAL REALITY: The Constitution is under siege

2011-09-14T12:44:00.000-07:00

By Tony Lopez

THE 1987 Constitution is under siege. The reasons are economic, political and social.
Economic because in Asia, the Philippines has lagged in economic growth behind countries which were once poorer and didn’t even exist on earth during the mid-1960s.

Many areas of the economy are reserved for Filipinos who lack the capital and the technology in the herculean task of building the country’s physical infrastructure.

Modernizing the economy will require at least $5 billion in annual foreign direct investments. We don’t get that.
In a good year, FDI ranges between $2 billion and $3 billion. The year 2010 was exceptional. $7.85 billion in FDI was recorded, a record, and most of that came during the first half, and into guess what—beer.
Political because a President with awesome powers is not good if he or she is incompetent or corrupt or both. The political system has become corrupt beyond repair.

Estimates indicate up to 40 percent of the national budget is stolen. Nearly every institution has been corrupted—the police, the military, Congress, the Executive, and of course, the Judiciary. Even the Catholic Church has not been spared. Social because the disparity between the very rich and the very poor is scandalous and revolting. Officially, a fourth of the population is poor. Per surveys, up to half of the population say they are poor.

Wage earners shoulder up to 98 percent of total individual income tax collection. The very rich contributes just 2 percent.

Only 100 families control the politics and business of this country. Who or what is to blame for this massive failure in economic, political and social reformation? The Constitution, of course, if you believe analysts.
First, the Constitution, they say, is wordy. It is more than 26,000 words, and more than three times the length of the 1935 Constitution, which was a good charter, with 8,524 words.

The US Constitution has only 8,000 words and America became a superpower. Brevity thus is wisdom. It spells economic progress.

Second, the Constitution is too nationalistic. Many areas that should be open to foreigners are closed. Like telephony and media. But media and telephony have converged. Nowadays, you cannot distinguish between a TV set and a cellphone. Both carry the same functions.

Economist Dr. Bernardo Villegas recalls that in the 1950s, the Philippines was one of the most developed economies in Asia. Next to Japan. From 1950, things turned for the worst for the Philippines.
By 1973, Villeges notes, Korea and Taiwan were above us. By 1996, we were literally, “at the bottom.” BY 1996, the Philippines was “The Sick Man of Asia”.

Villegas says “we’re the worst” on the “Ease of Doing Business.” In FDI flows in 2010, “we are the least attractive among these Asian countries—China $100 billion, Indonesia $13 billion, India $37 billion, Malaysia $7 billion, the Philippines $1.8 billion. Vietnam, with per capita income that is lower than ours, attracted $7 billion.

True, the Philippine has had credit ratings upgrades—by Moody’s, Standard and Poor, Fitch and Japan Credit.

Villegas quotes a foreign observer from Singapore who says “physical prudence and good credit ratings are important, but the country needs to do more for sustainable growth.”

Restrictions and red tape

A World Bank study of 87 countries on investing across borders showed the Philippines imposed foreign equity ownership restrictions in more sectors than other countries.

The study also noted that it takes more than 17 to 80 days to establish the foreign-owned limited liability company in Manila, much slower than the average for East Asia and the Pacific.

Another problematic area was arbitration where it takes around 135 weeks to enforce an arbitration award. “This is a very independent outside assessment of what we are going to talk about,” says Villegas wryly.
Jose Almonte, a retired general and an intellectual, agrees that we should change our mindset on protectionism. He explains: “Our wealth can now be generated or created not within our borders but in cooperation with the nations all over the world. So, if we have to change the constitution, I think we have to reach the human mind.”

“What kind of constitution will we write? How can we take advantage of the work in terms of creating wealth in this country? What kind of constitution is that?”

Almonte says “we need to re-educate the entire nation on how we really plan to build this nation so that our politicians can react accordingly. “He suggests a few reforms that will trigger all of the reforms to change the entire system. (1) Let us live our core values. Who are we? Who is the Filipino? Can we answer that? If we cannot answer that it is because we never live up to what we think.”

“When President Estrada used his presidency for personal purpose, he degraded the entire nation for that matter. When President Gloria Macapagal-Arroyo, for instance, gave out symbolic contributions to Iraq, that’s all right, but for the purpose of protecting her politics, the world did not understand that. So, how did they look at us?”

Almonte warns that the Philippines is nearing the status of a failed state. That is what happened in the Middle East, he says. And the rulers were overthrown. “I think our situation is very serious,”Almonte says.
On the other hand, the Philippines has plenty of money:

Firstly, the economy is huge domestically—95 million people, the 12th largest consumer market on earth.
Secondly, Filipinos have plenty of money. Per capita GNI (Gross National Income) is $2,829—the highest ever in our history. Multiply that by 95 million and you have a $269 billion economy, the 44th largest among 192 countries.

Thirdly, Filipino expats remit at least $20 billion a year, equivalent to P860 billion, half of the government’s national budget and almost 10 percent of our GDP of more than P9 trillion. Most of the $20 billion is stranded—meaning it doesn’t go to productive uses. According to Bansan Choa of I-Remit, the $20 billion represents only a third of the actual annual earnings of Filipino expats.

Our OFWs make $60 billion a year—enough to pay our foreign debts—in one, single voucher. Petty cash, in other words.

Fourthly, the savings rate of Filipinos has exceeded 27 percent—that is, 27 percent of P9 trillion or P2.4 trillion, which is 40 percent more money than the government can assemble for its national budget.
Fifthly, the Philippine commercial banking system has P5 trillion in deposits. Only about P3 trillion has been ploughed back into the economy as loans.

Most of the remaining P2 trillion is parked, at the Bangko Sentral because a government IOU is better than any triple rated IOU of any Tomas, Dikyo and Harry.

Finally, the Philippines has $75 billion in reserves, more than enough to pay for our $60 billion foreign debts and pay for 11 months of imports.

FROM THE CAPITOL: Transparency In UC and CSU

2011-09-14T12:43:00.000-07:00

By Senator Leland Yee

After a three year legislative battle, our tireless efforts paid off as Governor Jerry Brown signed a bill to bring greater transparency and accountability to California’s public higher education institutions – University of California, California State University, and the state’s community college system.

Senate Bill 8, which I authored and introduced, will ensure UC, CSU and the community college auxiliaries and foundations adhere to state public records laws. Under SB 8, all financial records, contracts, and correspondence would be subject to public disclosure upon request.

The bill also protects the anonymity of donors except in situations where there is a quid pro quo in which the donor receives something from the university valued at over $2500 or in which the donor receives a sole source (no-bid) contract within five years of the donation. Anonymity would not be provided to any donor who attempts to influence curriculum or university operations.

Finally, we will have real transparency at our public universities. While this law does not technically go into effect until January 1, I am urging the UC and CSU to immediately begin complying and providing sunshine to the actions of their foundations and auxiliary organizations.

The most recent scandal of an auxiliary organization made national headlines last year when the CSU Stanislaus Foundation negotiated a speaking contract with Sarah Palin. Students found parts of her contract as well as shredded documents in a campus Dumpster after CSU refused to disclose her compensation. After a lawsuit filed by CalAware, a judge ruled that the CSU acted illegally and forced them to disclose the full contract.

Despite overwhelming bipartisan support, my two previous legislative efforts were vetoed by former Governor Arnold Schwarzenegger. This has been a long fight, but I am proud of our coalition of open government advocates, students, faculty and workers who have stayed so persistent in helping protect the public trust.

“We are delighted that the governor agreed that the activities and operations of these quasi-public entities should be brought out of the shadows,” said Jim Ewert, General Counsel for the California Newspaper Publishers Association. “CNPA also thanks Senator Yee for his dedication to the issue and persistence over the last three years to ensure that these entities operate transparently.”

“Senator Yee deserves special thanks for his tenacious efforts on behalf of the faculty, staff, and students of the CSU,” said Lillian Taiz, a CSU professor and President of the California Faculty Association. “Three years of hard work and dedication have finally culminated in a very real victory for transparency and accountability.”

For years, foundations and auxiliaries of our state’s public colleges and universities have been able to hide billions of dollars from public scrutiny. According to the CSU Chancellor’s Office, in 2009, 20 percent of its $6.7 billion budget, or $1.34 billion, was held in their 87 auxiliaries and foundations.

Incidents at several campuses across the state demonstrated the need for increased public oversight and accountability provided by this legislation. At San Francisco City College, a campus executive has been indicted for using money from the San Francisco City College Foundation for personal and political purposes. At San Jose/Evergreen Community College, the Chancellor was found to have engaged in lavish travel and other examples of financial impropriety that prompted her resignation. Since local community college campus auxiliaries are already subject to the CPRA, these instances of waste and abuse have led to the parties being held to account.

In April, longtime open government advocate Richard McKee passed away. In his honor, I have named SB 8, “The Richard McKee Transparency Act of 2011.”

Rich McKee was one of our state’s strongest champions for open government. His passion helped ensure greater public access and accountability of government agencies throughout California. Whether you knew Rich or not, you benefitted from his activism. Our democracy is significantly better because of the work of Rich McKee and that is why he will be so greatly missed by all those who care about government transparency. This bill is a fitting tribute to his legacy.

STREET TALK: No, It’s Not Been Easy Selling Chickenjoy

2011-09-14T12:42:00.000-07:00

By Greg Macabenta

I would like to see Ramon Jimenez succeed as Secretary of Tourism. Because he’s an advertising colleague. Because I would like to see Noynoy Aquino succeed (having created one of the key concepts that helped him win the presidency). And most of all, because I’m a Pinoy. With that said, I hope Mon will take my comments in the spirit they are being given.

I assume he needed a memorable sound bite when he quipped that selling the Philippines as a tourist destination will be “as easy as selling Chickenjoy.” So typical of an ad man with a creative bent.
The harsh reality, however, is that selling Chickenjoy and the whole Jollibee concept in an overseas market like the United States hasn’t been all that easy. But the analogy may yield some lessons for our country’s tourism promotion efforts.

When Jollibee began to lay the groundwork for its U.S. entry, its international marketing manager sought the advice of Carlos Go, CEO of the Seafood City Supermarket chain (now the largest Filipino-owned retail chain in the U.S., with an impressive presence in Northern and Southern California, Las Vegas and Seattle). At the time, Seafood City had only expanded from its base in San Diego to Los Angeles, but it was already seen as a model for successfully operating in the U.S. market.

Carlos suggested that I join the meeting (I've been a Seafood City consultant since its San Diego days). He felt I could share some valuable insights, especially on how to avoid the pitfalls suffered by such major Philippine brands as San Miguel Beer and Sarsi.

We learned that Jollibee planned to go after the American mainstream market, dominated by McDonald’s. After all, it had outdone McDonald’s in the Philippines. Why not use the same success formula in the U.S.?
We politely suggested that Jollibee should first build on its logical consumer base, the Pinoys. That would allow the company to gain a steady footing, before crossing over to the mainstream – if at all.

“Pinoys are already in our pocket,” said the marketing manger. “Besides, our first store will be in Daly City where they make up over 30% of the population. That’s why we feel we can afford to focus on the rest of America.”

“You can’t presume to automatically own the FilAm market,” I cautioned. “You might want to learn a lesson from San Miguel and Sarsi.”

Sarsi had been a miserable failure in the U.S. (a story worth telling separately). San Miguel concentrated its marketing efforts on the U.S. mainstream, believing that Pinoys were “in the bag.” But it failed to make a dent in a market dominated by Anheuser Busch and Miller. Worse yet, a research study commissioned by San Miguel U.S.A. revealed that the brand only ranked fifth among imported brands drank by FilAms. One of the reasons was the company’s failure to nurture its relations with the community.

In 1990, as CEO of Advertising & Marketing Associates, which had a pioneering branch in the U.S., I headed a team that helped San Miguel reconnect with FilAms across the U.S. This resulted in a volume growth of 27% in one year. But when Barton Beers, a major distributor, took over the distribution and marketing of the brand, it took the Pinoys for granted again. The gains were wiped out.

At any rate, Jollibee went ahead with its original plan, even hiring a mainstream PR agency to handle the launch. When it opened its first store in Daly City, there were long lines for days. But the customers were mainly Filipino.

Inexplicably, after the initial media burst, the brand was not given the same aggressive marketing support that had made Jollibee a phenomenal success in the Philippines. Not surprisingly, even the Pinoy customer lines soon dwindled and dwindled…and dwindled.

A year later, Arnie Balague, Jollibee’s head of U.S. operations, admitted to me that they should have listened to our advice.

"Now, you're just part of the scenery with hardly any top-of-mind awareness,” I said. “If someone wants a burger, McDonald’s first comes to mind. Some chicken? It’s KFC. Spaghetti? It’s an Italian restaurant."
“But we can’t afford advertising,” said Balague “We only have one store.”

“You’re not investing in a store,” I said. “You’re investing in a brand. Unless you do, you won’t be able to build a chain.”

It would take almost another year before Jollibee found its bearings. Unlike Sarsi, Jollibee management took a reality check and learned from it. Among other things, it accepted the wisdom of building on its logical consumer base and invested in advertising and promotions. It thus began to expand, first in Northern California and then in Southern California, then on to other states.

For some reason, however, it has gone back to depending on the Field of Dreams theory (build it and they will come). There has hardly been any advertising or promotional support. Fortunately, Jollibee also saw the advantage of building strategic alliances. From originally insisting on stand-alone stores, it now goes wherever Seafood City opens a facility, thereby benefiting from the customer traffic.

In this regard, Mon Jimenez could take a cue from Robert Kwan, the sharp entrepreneur who built the Chow King chain. Shortly after Robert opened his first Chow King store in America, he realized that it wasn’t possible to simply transplant his success formula of good-food-quick-service-reasonable-price. He faced a Catch 22 situation (which is another marketing case worth telling).

But Robert was wise enough to acknowledge that he needed someone more familiar with the market to make his venture succeed. He arranged to make the Seafood City group master licensee of Chow King for the U.S. After a few bumps, Chow King began to take off (Robert subsequently sold the business to Jollibee).

I suppose Jollibee still wants to cross over to the American mainstream. And it could succeed. But not without a product makeover and, most certainly, not without investing in demand creation.

I’m sure that, as a seasoned marketing practitioner, Mon can relate these marketing cases to his new challenge of selling the Philippines abroad. It’s not entirely an apples-and-oranges analogy.

He also has to cope with such issues as lack of awareness and negative consumer perceptions, needs and expectations, product improvements and new product development, improved customer service, a formidable competitive environment, the imperative of advertising and promotional support and the challenge of a limited marketing budget.

Unfortunately, on top of that, he also has to suffer the plague of patronage politics, the scourge of special interests, and a media sector with a habit of sensationalizing problems without providing solutions. And he will have to deal with the Philippine travel and tourist industry which is used to being spoon-fed, demanding “action” and “results” from the government but unwilling to put its own money behind those demands.
Frankly, selling Chickenjoy overseas is a much easier challenge.

And yet, at the end of the day (to use a PNoy cliché), Mon Jimenez has no choice but to create magic out of what he has, and win some victories before the nitpicking pundits and special interests begin ganging up on him.

He can, of course, be assured that I’m rooting for him, along with many of his ad industry friends. And if Mon thinks he can pick up a few tips from folks who have had to break into the U.S. market with nothing more than spit, prayer and bubble gum – and have managed to run circles around much better funded mainstream competitors – we’ll be happy to help.
It’s our country, too.
(gregmacabenta@hotmail.com)

A beacon in a dark and perilous time ... The Pride of Ateneo de Manila

2011-08-03T10:23:00.001-07:00

Justice Lorenzo R. Relova

Lux-In-Domino Award
July 21, 2011-Ateneo Auditorium Diliman

“To be honest, fair, and good when these virtues reign is to be no more than ordinary. To be honest, fair, and good when falsehood, injustice, and evil reign, is to be most extraordinary.” Lorenzo R. Relova is just such a man.

Relova was born on January 20, 1916 to a well-off family in Pila, Laguna. He graduated from the Ateneo Grade School in 1929, from Ateneo High School (with honors) four years later, and obtained his Associate of Arts degree from Ateneo de Manila. He went on to study law and finished in 1939, among the first batch of graduates of the Ateneo Law School. Soon after the Second World War, Relova joined the government as a public prosecutor. Fiscal Relova’s efforts led to the successful prosecution of Communist Party leaders for rebellion and famously, despite intimidation and attempts at sabotage, a mayor’s bodyguard for shooting and killing a man. For his success the Justice Court Reporter’s Association named him City Fiscal of the Year in 1959.

Soon after making his mark as a fiscal, Relova’s judicial career began. In 1961 he was appointed to the Court of First Instance for Batangas City, to the Court of Appeals in 1975, and to the Supreme Court as the country’s first court administrator in 1979. He would also become the first member of the Judicial Bar Council, serving from 1989 to 1993.

His stint as Supreme Court justice started after a scandal: the November 1981 bar exams were marred by controversy when it was revealed that a justice had intervened to ensure that his son passed. To restore the court’s tarnished image, then-President Marcos asked the entire court to resign and proceeded to stock it with people known for their integrity, honesty, and unsullied reputation. Lorenzo Relova was among them.

Being associate justice of the Supreme Court in 1982 meant serving during the last years of the Marcos regime, a dark and perilous time in which the dictator controlled much of the government, including the judiciary. In this darkness Relova’s moral fortitude shone like a beacon. In the high-profile Galman v. Sandiganbayan case, involving the murder of Ninoy Aquino, Relova went against the majority and voted to admit the testimonies of the soldiers charged with the assassination of the late senator given before the Agrava Board. The findings of this investigative body as well as the groundswell of protest and defiance that swept the nation led to intense international pressure on the dictator to call snap elections. And when all signs pointed to a landslide victory for the martyred senator’s widow, Cory Aquino, the High Court was predictably besieged by cases attempting to nullify the special elections law.

Professor Melencio Sta. Maria of the Ateneo Law School says (as quoted by Cesar L. Villanueva in “Dedication to an Ideal” from the book To Give and Not to Count the Cost: Ateneans Inspiring Ateneans 1859–2009) the outcome was by no means secure. On the constitutionality of the special election law “the Supreme Court was deadlocked, split down the middle. It was up to Justice Relova to break the impasse. Many feared that being a recent Marcos appointee, he would be beholden to him. Justice Relova proved them wrong. . . . [H]e broke the impasse, voting according to his conscience.” What followed is now well-known: the elections, the widespread fraud, and the massive pouring forth of outrage into the streets that finally swept the dictator from office. “Our history, as we know it today,” Sta. Maria, observes, “was shaped in no small part by Relova’s character.”

His remarkable life of integrity played out not just on the national stage but in less public settings as well. The members of his family are quick to point out that among them he is well loved and respected, in large part because his integrity and moral probity extend to his private life. In his early years as a judge, someone delivered a crate of lanzones to the house. The delighted members of the household ate it up, but when Relova discovered the gift, who it had come from, and that it had been consumed, he insisted that it be replaced. When a bus company offered him a pass, he refused, not wanting to be indebted to it. His solicitude even extended to the househelp; he made sure the driver had eaten well before leaving on trips and instructed the children not to wake the helpers when they came home late at night.

His adherence to principle was leavened by affection. Once, he tearfully commended a grandson for an award that brought honor to the family; he reminds his kin to always thank anyone who does them a kindness, big or small; and he never wants to be out of the company of his wife, Conchita. With her he has been married more than seventy years, has gone to mass every day as long as his strength allowed, and has prayed the rosary constantly.

Not only judge and family man, Relova was also a teacher for many years. He gave forty-five years of his life sharing his knowledge and insight with his students at the Ateneo Law School, many of whom went on to become top-flight lawyers in positions of influence, professors and administrators of the school, and leading officials in all three branches of government.

But intelligence and expertise were not the only things he was known for. Students and colleagues at the law school also saw him live a life of humble dedication. In his chapter on Relova in To Give and Not to Count the Cost, Law School Dean Cesar Villanueva writes that students were “fascinated to see that each afternoon after five o’clock, Justice Relova would descend from a public bus coming from the Supreme Court to meet his classes in Salcedo Village, Makati.” It was no surprise to Villanueva; taking public transport was consistent with a man who “went about his work with such dignified humility.”

Those who have worked with him have nothing but the highest praise. To Professor JV Chan-Gonzaga (as quoted by Villanueva), Relova is “a lawyer, teacher, and jurist, who joined the countless other men of dedication and distinction in forging generations of Ateneo lawyers by the fires of the Jesuit tradition in academic excellence and the nobility of a genuine passion for justice.” He will be remembered by “a long, distinguished line of Ateneans.”

Dean Villanueva sums up Relova’s life thus: his many years in the government, which culminated in his term in the Supreme Court, shows Relova’s “total commitment” to public service; his four and a half decades of teaching at the Law School reveal his “passion for the law”; and his “commitment to integrity” is attested to by his “daily life lived in simply humility and devotion to God, family, and others.”

Joaquin Bernas, SJ, dean emeritus of the Law School, considers Relova “one shining example” of the school’s faculty members who are “distinguished not only for their knowledge of the law but also for impeccable integrity” (as quoted by Villanueva). Though he has retired (in 2002), “the imprint of his influence in the school is permanent. He will always be remembered as a distinguished embodiment of the Ateneo Law School Ideal.”

Family man, educator, lawyer, public servant: these are some of the roles Lorenzo R. Relova has played in his many years, roles to which he brought his intelligence, integrity, humility, devotion, and faith. His life of virtue has been a great light to us in our dark hours, a beacon that inspires and will continue to inspire generations of Ateneans.

For having been a paragon of integrity during his career in the Philippine judiciary, especially as Supreme Court justice during the turbulent years of the Marcos administration; for having dedicated over forty years of distinguished service to the Ateneo Law School; and for living an honest, fair, and good life when it was a rare man who did so; the Ateneo de Manila University proudly and gratefully confers its Lux-in-Domino Award on Lorenzo R. Relova.

FROM THE CAPITOL: Sterile Syringe Access in CA

2011-08-03T10:21:00.001-07:00

By Senator Leland Yee

In the United States, forty-seven states allow pharmacists to sell syringes without a prescription. Most states amended their laws in light of overwhelming evidence that criminalizing access to sterile syringes led drug users to share used ones, and that sharing syringes spread HIV, hepatitis B, hepatitis C and other blood-borne diseases that can live in a used syringe.

In California, the Assembly Appropriations Committee approved legislation to allow pharmacies to sell sterile syringes to an adult without a prescription. Senate Bill 41, which I authored and introduced earlier this year is supported by doctors, pharmacists, and AIDS prevention advocates, and will receive a vote of the full Assembly in August.

Under an existing pilot program, pharmacies in Los Angeles County, San Francisco, and some other parts of the state have been allowed to sell syringes without a prescription. This legislation would extend this program to allow pharmacists throughout the state to participate.

AIDS and hepatitis do not recognize county borders and thus our current policy is not nearly as effective as it should be. This legislation will reduce health care costs to taxpayers and save lives.

Because most states do not require a prescription for syringes, diabetics who visit our state may not even have a prescription and come here assuming they can purchase needles at a pharmacy. This bill will ensure those diabetics or others who need syringes for health purposes will not be stranded here in California without the ability to administer life-saving insulin and drugs.
The approach in this bill has been evaluated extensively throughout the world and has been found to significantly reduce rates of HIV and hepatitis without contributing to any increase in drug use, drug injection, crime or unsafe discard of syringes. In fact, there is not one credible study that refutes these findings.

Alex Kral, an epidemiologist who has supervised several studies of HIV prevention, said, “In light of over 200 studies worldwide that establish improved syringe access means less disease with no downside, to continue a policy of making syringe sales illegal would amount to health policy malpractice.”

The 200 studies Kral referred to were reviewed by the World Health Organization (WHO) in 2008. WHO concluded that the overwhelming scientific consensus showed improved syringe access reduced rates of HIV and hepatitis without contributing to drug use, crime or unsafe discard of syringes.

Among the numerous studies cited was one published in the American Journal of Public Health from 2001 that compared US cities that allowed pharmacists to sell syringes to adults without a prescription and those that did not. The study found that the rate of HIV among drug injectors was twice as high in cities that forbid sale without a prescription than those cities that allowed pharmacists greater flexibility to provide syringes.

Sharing of used syringes is the most common cause of new hepatitis C infections in California and the second most common cause of HIV infections. The state Department of Public Health estimates that approximately 3,000 California residents contract hepatitis C through syringe sharing every year and another 750 cases of HIV are caused by syringe sharing.

These diseases are costly and potentially deadly. Hospitalizations for hepatitis B and hepatitis C cost the state $2 billion in 2007, according to a report by the California Research Bureau. The lifetime cost of treating hepatitis C is approximately $100,000, unless a liver transplant is required, and then the cost exceeds $300,000 per surgery. The lifetime cost of treating HIV/AIDS is now estimated to exceed $600,000 per patient.

In addition to the San Francisco AIDS Foundation and Drug Policy Alliance, the effort is supported by the AIDS Project Los Angeles, American Civil Liberties Union, California Hepatitis Alliance, California Nurses Association, California Psychiatric Association, California Retailers Association, County Alcohol & Drug Program Administrators, California Medical Association, California Pharmacists Association, Walgreens, Rite-Aid, City and County of San Francisco, Health Officers Association of California, and Equality California, among others.

NO LIMITATIONS: How proponents can get Catholics to support RH Bill

2011-08-03T10:19:00.000-07:00

By Atty Ted Laguatan

As to situations such as the RH Bill, whose nature call for much debate, listening in good faith to varied points of view allows a more complete assessment of the facts and issues involved - leading to better decisions and policies for the good of all.

Of one thing of which there should be no issue, well meaning people on both sides of the RH debate should recognize that they both want only what's best for all Filipinos. Accusing the other side of bad faith and malice is not going to help any.

I wrote an article in the Inquirer in March 2010 entitled "The Catholic Debate on Condoms" where I supported former Secretary of Health Esperanza Cabral in her position of distributing condoms in order to prevent the spread of the HIV virus which causes AIDS - as against the opposition of CBCP.

Among other things, I wrote: "Rather than for people becoming sick, suffer much and die early, a more humanistic Christian attitude is to provide protection...We cannot have a Church that proclaims love but cannot provide love to AIDS-challenged poor and powerless sex workers. We cannot have a Church that proclaims life but sows the seeds of death by refusing to allow the use of effective practical means against AIDS.."

Hopefully, these words dispense any thoughts that I am either a blind follower of the Church or an apologist for the CBCP.

What good goals are we trying to achieve in seeking the passage of the RH Bill.?
Certain couples or families are not in a position to having more children because of financial, material, psychological and other inadequacies. Rather than have unwanted neglected children, it is better for them to learn how to use morally acceptable and safe contraceptive methods to avoid unwanted pregnancies. As a result of accomplishing this good goal - cumulatively, population growth is also controlled.

Obviously, cold turkey abstinence from sex is an option that will not result in pregnancies - but that is an absolute impossible choice because of biological imperatives. For healthy men and women - especially for those where the pleasures of lovemaking borders on mystical ecstasy - sex is a big part of what life is about.

So the number one question becomes: What morally acceptable means can be utilized to keep Juana from having another - not ready to be wanted or unwanted baby - when she and Juan hits the sack?

To many Catholics, other Christians and others - abortion - at any stage of fetal development - is not morally acceptable.

In the Catholic faith, once the egg fuses with the sperm, we have a human life with a soul. This dogmatic article of faith is non negotiable. This is core Catholic belief - a reality everyone involved with the RH Bill in one way or another - has to deal with. It is not just a CBCP or Catholic Hierarchy belief - but the actual belief of millions of true believer Catholics.

Pointing or referring to surveys indicating that 70 percent of Filipinos which certainly must include a majority of Catholics - approve of the RH Bill - does not necessarily mean that Filipino Catholics do not subscribe to this core belief. The question repeatedly asked of respondents in these surveys was: "Are you in favor of the RH Bill?" "RH Bill" to the respondents meant population control. We know a huge majority of rational Filipinos, Catholics or otherwise, wants population control.

The legislative history, the language, the campaigns of pro and anti RH groups and individuals and even Malacanang which indicated a qualified support for the RH Bill - affirm that it is generally perceived as a population control measure.

Call it what you want, but essentially, at it's root, it is a population control measure. I see nothing wrong with that. But for marketing purposes, supporters want to call it by something else - "Reproductive Health", "Responsible Parenthood", etc.

Now, supposing the more specific question asked of survey respondents was: "Are you in favor of the RH Bill even if it includes abortion as a means of limiting the population?"

Can anyone seriously believe that the results will be the same? Obviously not. I believe only a relatively small number will say yes.

As such, it is not the case that most Catholics approve of the RH bill in toto or as drafted even if contraceptive means or methods perceived as causing abortion or described as abortifacient are involved.

It is obvious that well meaning individuals on both sides must work together to arrive at a viable answer for our number one question if we are to have an RH Bill acceptable to most Filipinos.
The heart of the question has to do with the terms "morally acceptable means". In other words, what kind of contraceptives - pills, mixtures, creams, mechanical devices, methods, etc. - can many true believer Catholics find morally acceptable even if the CBCP and Church Hierarchy do not - that can soften their stand against the RH Bill?

The answer is really simple except that getting the parties to agree is a little more complex.
If in the draft of the bill, the use of contraceptive means that are abortifacient or at least perceived as such - are specifically identified and declared as banned - millions of Catholics are likely to soften their otherwise immoveable position.

But pro RH advocates claim: Didn't the World Health Organization (WHO) say that there is no such thing as abortifacient contraceptives?

On this issue, such an opinion from a representative of WHO, an organization which has openly, consistently and for a long time has been advocating for population control in the Philippines and other third world countries - is about as credible as a Bishop who says that any and all kinds of contraceptives are abortifacient.

A so called "expert opinion" from a WHO representative stated that hypothetically, certain contraceptive pills, IUDs and other means and methods can cause a fertilized egg not to be engaged or attached to the womb which amounts to abortion but that there is no scientific evidence that they do. I submit that this sword cuts both ways, There is no scientific evidence either that these contraceptive pills and other means and devices considered abortifacient - do not in fact cause abortions. Some scientists say they do.
Some say it's not clear.

A Catholic, acting in good faith, given these uncertainties , will not take the risk of killing his own child.

Some RH Proponents argue: "Abortifacient or not, people should have a choice as to what kind of contraceptives he wants to use."

Response: "Sorry, I believe you are killing your own child if you do - whether you think me right or wrong. You are not going to do it with my approval or my money to supply the means to do your killing."

Perhaps if well meaning RH Bill proponents are able to see that it is not fatal to their cause to specifically remove the possibility of contraceptives perceived as abortifacient of being used in connection with the implementation of this bill - the probability that it might become law is very much increased.

There are other clearly non abortifacient contraceptive pills, devices and other means and methods which are equally effective in preventing pregnancy. Why force a contraceptive method unacceptable to millions that may result in the non-passage of the RH Bill and therefore does not lead to the accomplishment of the end goal? Remember? The good we are trying to do is to keep Juana from getting pregnant and bear an unwanted child using moral and otherwise acceptable means when she and Juan makes whopee.

Catholics, who some say are really heroic, others say stoic, still others say

STREET TALK: Bad News, Good News

2011-08-03T10:18:00.000-07:00

By Greg Macabenta

Did we get a clear idea of the State of the Filipino Nation after listening to PNoy’s SONA?
Frankly, like past reports by former heads of state on how the country fared in the face of challenges and opportunities and what its future prospects were, this one was the equivalent of a body massage. Designed to make you feel good but didn't tell you what the state of your health is.

I bet PNoy got a better appraisal of the SOPA (State of the Porsche Automobile) when he bought the second hand vehicle from its former owner.

This SONA may have been different only in the sense that the good news that PNoy gave had more basis in fact than the rose-tinted annual reports of Gloria Macapagal-Arroyo. Arroyo’s credibility was so full of holes, even if she were telling the truth, people raised their eyebrows in incredulity.

But PNoy’s advisers were clearly cherry-picking when they worked on his speech. They wanted a “good news” speech, obviously designed to blunt brickbats from critics that have, frankly, ranged from the truthful to the blatantly exaggerated.

The wang-wang analogy was fine. The culture of impunity and entitlement that pervades our society certainly needs to be changed. Rubbing in the issue of graft and corruption, epitomized by the Arroyo administration, was good. This is one area where the Filipino people are beginning to see something happening.

The flurry of investigations and the threatened indictments would have been unthinkable during the incumbency of Arroyo. In those days, one could only go to the streets and brave police beatings and fire hoses. Or one could only suffer through the interminable congressional hearings - an exercise in impotence in the face of the blatant obstruction of justice by Arroyo and her minions.

At least, now, there appear to be determined efforts to dig up the truth (even if the Arroyo-appointed Supreme Court rejected the idea of a Truth Commission). The only question is whether the guilty can eventually be convicted and made to pay. Our justice system is not famous for exacting justice.

But the speech could have gone beyond the selective upbeat reports and the sarcastic references to the sins of the past administration. It could expanded on what the Aquino administration intends to do to make things right or make things happen on a broad range of concerns that are important to different sectors of society.

Not surprisingly, those sectors whose issues and concerns were not addressed in the SONA have been very critical of it. Business leaders tried to be polite, when asked what they thought of the speech, but they were clearly disappointed in not hearing PNoy talk about his economic programs.

John Forbes, senior adviser of the American Chamber of Commerce of the Philippines, was more candid. He said that while the Aquino government’s campaign against corruption is commendable, that is not enough to make the country a more attractive investment destination.
There was no mention of the Freedom of Information act and the RH Bill. No mention of agrarian reform (because it would have awakened the Hacienda Luisita sleeping dogs?). Only a superficial mention of the problems that beset our system of education. No mention of tourism, an area where the country has vast potentials, if given enough focus and funding. One could go on and on.

Of course, PNoy said, “Not everything we want to do will be explained today, but I invite you to read the budget message, which contains a more comprehensive plan for the coming year.”
Okay, so how do Pedro, Juan and Maria access that budget message? It’s doubtful they ever will.

In sum, PNoy delivered a feel-good speech, framed for him by people who didn’t want to include those issues and concerns where they could not provide a glowing report. What makes them different from a used car salesman?

In the first place, what is a State of the Nation Address but a comprehensive report on the country’s performance in relation to goals and objectives? A SONA should truthfully present to the people the status of programs and projects and how they measure up to those objectives.
In other words, PNoy’s SONA should have truthfully told the Filipino people: This is where we started. This is how far we’ve gotten. This is how much farther we need to go. And this is how we propose to get there.

If there were problems in achieving goals and objectives, those problems should have been explained and solutions proposed. Simply ignoring the problems or not mentioning them at all is avoidance and denial.

If there has been progress in achieving goals and objective, they certainly should have been showcased, with appropriate back patting. But overstating the achievements or not setting them in context is mental dishonesty. As Winnie Monsod rightly asked, what percentage of houses have been built in relation to targets?

I don’t think the Filipino people expected a hundred percent delivery in all areas. Shortfalls are inevitable when problems arise, whether due to official inadequacies, logistical problems or force majeure. The Aegean stables that we mandated PNoy to clean up can make the hardiest souls throw up.

We, the people, are not blameless either. A SONA should also give the citizenry an idea of how we can and should contribute towards achieving national goals, and what sacrifices, if any, we must be willing to make. There was a mention of tax avoidance on the part of professionals and the self-employed, but not much more.

For PNoy’s 2012 SONA, I suggest he take a few tips from some fellow heads of state who had to confront problems on the first year of their incumbency:

“Now, if we’re honest with ourselves, we’ll admit that for too long, we have not always met these responsibilities – as a government or as a people. I say this not to lay blame or look backwards, but because it is only by understanding how we arrived at this moment that we’ll be able to lift ourselves out of this predicament.”

That was Barack Obama on his first State of the Union address in 2009.
And here is what Franklin Delano Roosevelt admitted in his inaugural address in 1933, when the U.S. was in the grip of the Great Depression:

“Values have shrunken to fantastic levels; taxes have risen; our ability to pay has fallen; government of all kinds is faced by serious curtailment of income; the means of exchange are frozen in the currents of trade; the withered leaves of industrial enterprise lie on every side; farmers find no markets for their produce; and the savings of many years in thousands of families are gone.

“More important, a host of unemployed citizens face the grim problem of existence, and an equally great number toil with little return. Only a foolish optimist can deny the dark realities of the moment.”

But, having said that, Roosevelt offered a way out of the problem, stressing: “The only thing we have to fear is fear itself!”

Maybe PNoy should write his own SONA the next time. He could say:
“First, the bad news. And now, for the good news.”
(gregmacabenta@hotmail.com)

THE WORK PLACE: Temporary Disability Benefits

2011-08-03T10:16:00.000-07:00

By Sol Bello

This workers’ compensation benefit was the subject of a limited discussion in one of our previous articles. This article will further expound on this very important entitlement of an injured worker.

A job injury may or may not result in disability to go back to work either totally or partially. If no disability results, the injured worker must have to go back to work.

If he does not, he would not be entitled to any disability benefit. What is worse is that this could be a reason for his termination from work.

On the other hand, a work injury may result in total or partial disability. Total disability is one which renders the injured employee incapable of doing any kind of work. Such an employee is entitled to receive temporary total disability (TTD) benefits the entire time that he is incapable or working.

If the resulting disability is partial, the employee is entitled to receive temporary partial disability (TPD) benefits.

There are also instances when an injured employee can go back to work with certain restrictions such as no lifting more than 10 pounds, repetitive bending, stooping, etc. If the employer has no work available with these restrictions, the injured employee should not go back to work and is entitled to be paid temporary disability benefits.

As to whether an employee is disabled and the kind of disability he has (total or partial) all depends on the treating doctor who must certify to such disability.

Unless the treating doctor orders the employee off work or on modified work, he will not be entitled to temporary disability benefit. If the employee believes however that he has a disability to work because of his job injury and the treating doctor refuses to order him off or on modified work, the employee may question this refusal by going to a qualified medical evaluation (QME).

Duration of Temporary Total Disability

Before April 19, 2004 temporary total disability benefits are payable for as long as the injured employee is off work upon doctor’s order.

After April 19, 2004 disability payments last only for 104 weeks (2 years) from the time payments began. Note that the 104 weeks start from the date of firs payment of disability benefits, so that if payment started only after one year the disability started, the 104 weeks should start from that date not from the date the disability started. To illustrate: Rey was declared by his treating doctor temporarily totally disabled on January 1, 2005. The employer (or insurance carrier) however started paying him only on January 1, 2006. Rey’s benefit payment should continue until January 1, 2008. The employer cannot claim that payments should end on January 1, 2007. Remember, the date the 104 weeks start is the date payment was first made not the date when TTD started or declared by the doctor.

For date of injury after December 31, 2007 TTD payments are payable for 104 weeks within 5 years from the date of injury. Following our previous example, if Rey was injured on January 1, 2008 he can only receive a maximum of 104 weeks of TTD payments until January 1, 2013. Thus, if his TTD payments started on November 1, 2012 such payments will continue only up to January 1, 2013 even if he has received only 3 months of TTD payments.
The 104 weeds TTD payment limitations discussed above end, at any rate, when any of the following occurs:

1. When the treating doctor certifies that the employee has regained his ability to work.
2. When the treating doctor declares the employee to be permanent and stationary (P&S) or has reached maximal medical improvement (MMI).

This article has been prepared for educational and general information only, and not intended as specific legal advice or legal opinion on any specific matter. If you have any question, contact the Law Office of Sol D. Bello at (408) 297-9088 for a free legal consultation.

Mr. Sol Bello’s and Mr. Ken Nakata’s areas of law practice are limited to Workers’ Compensation claims (work related injures) and Personal Injury. (car accident/slip and fall) Mr. Bello is fluent in Ilocano and Tagalog. The Law Office of Sol D. Bello is located at 111 N. Market Street, Suite 415, San Jose, CA 95113.

THE WORK PLACE: What to do to protect claims for benefits

2011-06-08T10:52:00.000-07:00

By Sol Bello

We previously discussed the things an injured worker should do in order to be able to claim for workers’ compensation benefits. This article will discuss the things that a benefit claimant should do to be able to get all the possible benefits he/she is entitled under workers’ compensation law:

Claiming for workers’ compensation benefits is complicated as it is and in order to be assured that you get all benefits to which you are entitled, you must do certain things to protect your claim:

From the time you report your injury to your employer, a stream of papers will be coming your way and you should have a system of gathering, saving and classifying them.

1. Keep a record of where, when and how the injury was sustained. Normally when an injury is sustained at work a ‘report of injury’ is done and made a part of the injured employee’s file. You should get a copy of this report as part of your own record. Make a note of any person who witnessed the incident of the injury.

You should also maintain a copy of the completed claim form (DWC-1) which you submitted to your employer.

2. Keep a file of all records of treatment, medical reports which you get from your doctor or medical facility where you had your treatments or tests and all other which the insurance carrier provides you. If you think that you are missing a report or record, you are entitled to have a copy of it and you should request one from your doctor or from the insurance carrier. These must be kept in chronological order.

3. Documents and correspondences received from your employer, insurance carrier or any other person involved in your claim should also be gathered and compiled in chronological order. If you send out any document relative to your claim, you must keep copies and proof that they have been sent.

4. Keep a record of your earnings, income tax returns and other tax documents at least the year immediately prior to your injury. If you received any unemployment or social security benefits from the time of your injury to the date your claim is concluded, you should also make a record of them.

5. The days you were off work on doctor’s order should be maintained in chronological order.

6. Payments made to you by the insurance carrier by way of temporary disability benefits as well as permanent disability advances before the case is concluded or finished must be carefully noted. Include the dates when check was issued, when it was received and the period for which payment is made.

7. You are entitled to be reimbursed for your expenses going to and from your doctor. You should keep track of your mileage, parking and toll fees.

8. Keep a record of all out of pocket expenses for your treatment. Treatment co-pays, prescription and other medical and chiropractic bills paid for by you are reimbursable but you must have proof of payment for them.

Mr. Sol Bellos and Mr. Ken Nakatas areas of law practice is limited to Workers Compensation claim (work related injures) and Personal Injury. (Car accident/slip and fall) Mr. Bello is fluent in Ilocano and Tagalog. The Law Offices of Sol D. Bello is located at 111 N. Market Street, Suite 415, San Jose, CA 95113, Tel. No. (408) 297-9088; sol.bello@yahoo.com

VIRTUAL REALITY: The economy under Aquino does not create jobs. Worse, it destroys jobs

2011-06-08T10:50:00.000-07:00

By Tony Lopez

THIS you have to reconcile. The economy has been growing incredibly fast. President Benigno Simeon Aquino III has claimed credit for it. He has been in office for almost a year now. He has a right to assert his bragging right.

But during the same period, unemployment was rising faster, at an even more incredible pace.
This is happening at a time when the sitting government is supposedly clean. Sa matuwid na daan. Kung walang corrupt, walang mahirap. [In the straight path. When no one is corrupt, no one is poor.]

In 2010, the economy grew at its fastest in 30 years at 7.6 percent (using 2000 as the new base year; growth was 7.3 percent with the old base year).

Between September 2010 and March 4-7, 2011, the number of jobless swelled by a stupendous 3.9 million, from 7.4 million to 11.3 million. This is according to the Social Weather Stations survey of March 4-7, 2011 published May 25.

Of the 11.3 million jobless, 9 percent or 1.017 million were fired; another 10 percent or 1.13 million resigned. Total fired and resigned: 19 percent or 2.147 million.

The 2.147 million is the number of people who lost their jobs in six of the 11 months of the administration of President Aquino III, an economist by education. That’s an average of 357,833 job loss per month. These are people with jobs when Aquino took office. By March or earlier, they had lost their jobs.

Now, 357,833 is equivalent to 357,833 families or almost two million Filipinos. Incredible enough, majority of Filipinos still love or like their laid-back Porsche-loving president.

Ordinarily, even if the president of the Philippines were a dog and is doing nothing or is lazy, the economy by itself, by sheer momentum or gravity, should create up to a million jobs a year. A good president adds another one million jobs, for a total of two million job creation per year. That is not happening.

Between September 2010 and November 2010, 2.5 million became or were declared jobless. From November 2010 to early March 2011, an additional 1.4 million became jobless. Total addition to the jobless ranks in less than six months –3.9 million (2.5 million plus 1.4 million).
Clearly, the economy of President Aquino III is not only not creating jobs. It is destroying jobs. If he wants to claim credit for the high economic growth, he should also take the blame for the massive job losses which are unprecedented in scale, severity and sustainability.

In the Middle East and North Africa, high unemployment, along with growing illiteracy, triggered the so-called Arab Spring whereby thousands of young people, mostly unemployed, spilled into the streets in mass protests. The phenomenon has also erupted in Greece and Spain which has the highest unemployment rate in the whole of Europe.

The Philippines has among the highest unemployment rates in Asia. If you include underemployment which counts people working part-time and people overqualified for their present job, one in every four adult Filipinos is jobless.

In fact, the SWS March 2011 survey has much higher figures. It says adult unemployment rose to 27.2 percent, or an estimated 11.3 million, from 18.9 percent (7.4 million) in September 2010 and 23.5 percent (9.9 million) in November 2010.

Since jobs are being lost at a massive scale, the number of poor people naturally is also increasing. No wonder, President Aquino’s job approval ratings are nose-diving with him barely a year in office. He is the only president in the last quarter century whose job approval rating went down within his or her first year.

If the fastest economic growth in the last quarter century cannot create jobs, how much more is a slower growth rate.

Indeed, the economy is slowing down. First quarter growth in GDP (Gross Domestic Product or the value of goods and services produced during the period) was 4.9 percent—lower than forecast and lower than the performance than half of countries of Southeast Asia.

The amazing thing about the slow GDP rise in the first quarter is not that the government didn’t have money. It had plenty of money. Its surplus was a record in the last 25 years.

Why didn’t the Aquino government spend the money? There are two reasons: One, it didn’t know what to do or where to spend the money because until now, programs or projects are not clearly defined and in place. Two, the administration has this fixation with limiting spending deficit, something like less than three percent of GDP.

The budget to deficit ratio has long ago been discarded as a measure of a country’s financial discipline or economic stability. Domi-nique Strauss-Kahn, before he got embroiled in his latest sexual escapade, discarded it when he was the IMF managing director. DSK, an economist, found out the rich countries were the biggest violators of the deficit-to-GDP ratio ceiling.

FROM THE CAPITOL: CA May End Life Sentences for Youth

2011-06-08T10:48:00.000-07:00

By State Senator Leland Yee

No other country in the world outside of the United States allows children to be sentenced to life without parole (LWOP). In California alone, there are approximately 275 people serving LWOP for crimes they committed as kids.

However, on a 21-16 vote by the California State Senate, our state is one step closer, in line with the rest of the world by ending life without parole (LWOP) sentences for kids.

Under Senate Bill 9, courts could review cases of juveniles sentenced to life without parole after fifteen years, potentially allowing some individuals to receive a new minimum sentence of twenty five years to life. The bill would require the offender to show remorse and be working towards rehabilitation in order to submit a petition for consideration of the new sentence.

In an attempt I made in the previous session, SB 399, was also approved by the Senate last year but died during the final days of session in the Assembly.

The neuroscience is clear – brain maturation continues well through adolescence and thus impulse control, planning, and critical thinking skills are not yet fully developed. SB 9 reflects that science and provides the opportunity for compassion and rehabilitation that we should exercise with minors. SB 9 is not a get-out-of-jail-free card; it is an incredibly modest proposal that respects victims, international law, and the fact that children have a greater capacity for rehabilitation than adults.

Supporters of SB 9 include child advocates, mental health experts, faith communities, and civil rights groups.

“In California, a sentence of life without parole is a sentence to die in prison,” said Elizabeth Calvin, children’s rights advocate at Human Rights Watch. “Teenagers are still developing. No one – not a judge, a psychologist, or a doctor – can look at a sixteen year old and be sure how that young person will turn out as an adult. It makes sense to re-examine these cases when the individual has grown up and becomes an adult. There’s no question that we can keep the public safe without locking youth up forever for crimes committed when they were still considered too young to have the judgment to vote or drive.”

Prosecutors and judges have discretion on whether to pursue LWOP for juveniles. However, several cases call such discretion into question.

One such case involves Christian Bracamontes, who was 16 and had never before been in trouble
with the law. One day when Christian’s friend said, “Hey do you want to rob this guy?” Christian replied in what can only be described as a quintessential adolescent response, “I don’t care.” When the victim refused to comply with his friend’s demand, Christian said he thought the bluff was called, and he remembered turning away and bending down to pick up his bike and leave, when he heard a gunshot.

The prosecutor offered a lower sentence, but in Christian’s teenaged mind he could not see how he would be responsible for the other person’s actions and he turned down that deal. The DA was quoted in the newspaper as saying, “It’s hard for teenagers to understand concepts like aiding and abetting.” Christian was found guilty of first degree murder and sentenced to life in prison without parole.

A report published by Human Rights Watch found that in many cases where juveniles were prosecuted with an adult for the same offense, the youth received heavier sentences than their adult codefendants.

Despite popular belief to the contrary, Human Rights Watch found that life without parole is not reserved for children who commit the worst crimes or who show signs of being irredeemable criminals. Nationally, it is estimated that 59% of youth sentenced to life without parole had no prior criminal convictions. Forty-five percent of California youth sentenced to life without parole for involvement in a murder did not actually kill the victim. Many were convicted of felony murder, or for aiding and abetting the murder, because they acted as lookouts or were participating in another felony, such as a robbery, when the murder took place.
Our state also has the worst record in the nation for racial disparity in the imposition of life without parole for juveniles. African American youth are serving the sentence at a rate that is eighteen times higher than the rate for white youth, and the rate for Hispanic youth is five times higher.

Each new youth offender given this sentence will cost the state upwards of $2.5 million. To continue incarcerating the current population of youth offenders already sentenced to life without parole until their deaths in prison will cost the state close to $700 million.

STREET TALK: Walang Kama-Kamaganak, Walang Kai-Kaibigan

2011-06-08T10:47:00.001-07:00

By Greg Macabenta

The commentaries on the presidency of Noynoy Aquino have ranged from praise for economic gains and his determined campaign against graft and corruption, to allegations of laziness, incompetence and inaction over official abuses and inefficiency.

This has left the public confused. Which portrayal is true? Unfortunately, when in doubt, people choose to believe the worst. This is probably what has eroded the approval rating of Aquino.

The Malacañang communications group has been roundly castigated for failing to get out the good news about his administration’s achievements. Unfortunately, Edwin Lacierda, Ricky Carangdang and Sonny Coloma – mischievously dubbed the Three-Headed Hydra by pundits – could unleash a flood of positive press releases till they collapse from overwork, but the media will still choose and pick the most “interesting” stories. You can bet that most of that will be unflattering.

In Journalism school, you are taught that "dog bites man" is not news. What’s news is "man bites dog." People gravitate to that which is contrary, grotesque, intriguing, exciting or dramatic. In other words, news dressed up as showbusiness.

The propaganda handlers of Ramon Magsaysay (rumored to be CIA operatives) were masters of these dynamics. Thus, they depicted The Guy, during his presidential campaign and throughout his short-lived presidency, in dramatic situations. Cradling in his arms the bloodied remains of assassinated political leader, Moises Padilla. Jumping over farm ditches. Eating with his hands among the poor.

In contrast, Aquino has been portrayed with his million-peso Porsche and watching a pop concert with a beautiful girl. Hardly the kind of imagery that will enhance a presidency, especially one ostensibly anchored on anti-corruption, anti-poverty and “daang matuwid.”
These, of course, have been the work of an enterprising media sector eager to give the public its dose of entertainment disguised as current events. The failing of the palace communications group has been its inability to counterbalance that unflattering imagery.

So, how should Aquino’s advisers and his communications triumvirate handle this vexing situation? Instead of cursing the columnists, they might do well to think of ways to portray him in his most heroic, exciting and appealing presidential moments.

But not just ANY situation but those that most dramatically portray him as a champion who will slay the dragon of corruption and free the populace from the shackles of poverty.

Ideally, he should send Gloria Macapagal-Arroyo, her relatives and her minions to jail. Nothing can match that for sheer spectacle. But that is unlikely to happen during his brief tenure. Look at what has NOT been done to the Marcoses, after all these years.

A more viable alternative is to tighten the screws on erring relatives and high officials in his administration, especially those reported to be his close friends. That should resonate with the citizenry.

If greater love has no man than that he should give up his life for his friend, then greater proof of sincerity has no president than that he should bring his own larcenous relatives and friends to justice.

Remember how Singapore’s Lee Kuan Yew became legendary when he threatened to jail even his own parents if he caught them stealing from the public coffers? That clearly sent the message that he was a no-nonsense reformer.

In the case of Erap Estrada, the part in his inaugural speech that impressed the citizenry was his vow: “Walang kama-kamaganak, walang kai-kaibigan.”

Of course, we all know what happened to that promise. He promptly broke it.

Estrada’s friends and relatives were the monkeys on his back that eventually did him in. His “friends,” Chavit Singson and Atong Ang, fought over the spoils of illegal gambling. Estrada got caught in the crossfire. Singson sang on him. And that made Estrada history.

Rumors of rapacious relatives also spoiled the presidency of Cory Aquino. Kamaganak, Inc. became one of the dubious tags of her tenure and tainted an otherwise heroic record of service to the country.

Fast forward to the Noynoy Aquino presidency. In a peaceful reprise of People Power One, he was swept into office on the crest of citizen fury over allegations of corruption in the administration of Gloria Macapagal-Arroyo, with her immediate family being accused of a number of shady deals.

Noynoy Aquino was perceived as the opposite of Arroyo. “Kung walang kurap, walang mahirap!” was his campaign promise.

So far, no one has doubted his sincerity in wanting to fulfill this promise. But his intentions, according to his critics, have not been translated into significant results.

In truth, decades of corruption cannot possibly be eliminated in one presidential term – not even in two. The cancer has so pervasively afflicted society that it will take decades to excise it.
But Aquino’s inaction in the face of demands for the scalp of his target shooting chum and undersecretary of interior Rico Puno marked him, early on, as loyal to his friends rather than to the Filipino people. Whether or not Puno did, in fact, deserve to be canned, was irrelevant to the public and the media.

The resignation of Bureau of Corrections Director Ernesto Diokno, in the wake of the controversy involving jailed former Batangas Governor Antonio Leviste, may have spared Aquino another demerit point for inaction, but it hardly served to enhance his image as a decisive president.
Washing his hands off the issue of Marcos’ proposed burial in the Libingan ng mga Bayani has further portrayed him as a cop-out.

It’s only the first year of the Aquino presidency. In fairness to him, he has done several good things, and he has NOT done many of the bad that past administrations have traditionally been known to do upon assuming office.

To his credit, he has shown no partiality to his relatives, including the intending non-Muslim candidate in the ARRM polls, his aunt, Tingting Cojuangco. His sisters have also discreetly kept out of the news.

But what the people want to see are dramatic results. In fact, heroic results. And it may be something as simple as translating into concrete action the promise that Erap Estrada, as well as Gloria Macapagal-Arroyo and other past presidents failed to fulfill:

“Walang kama-kamaganak. Walang kai-kaibigan.”

(gregmacabenta@hotmail.com)

NO LIMITATIONS: Bongbong attempts to manipulate Aquino on Marcos' hero burial

2011-06-01T10:23:00.000-07:00

A recent news article appeared in The Philippine Star titled: "Bongbong hails P-Noy's move to let public decide on FM burial." This news article of Bongbong lauding President Aquino who supposedly has allowed the public to decide on his father's hero burial appears to be a subtle attempt to manipulate and pressure Aquino into allowing surveys to determine this important issue.

What is not subtle is the blatant disrespect on the part of Bongbong for Aquino's intelligence and strength of character. He also maliciously misleads the public by claiming na pumayag na daw si Aquino na ang publiko ang magiging taga desisyon kung ililibing na bayani o hindi ang nasirang diktador.

Ang totoo ay wala namang sinabi si Presidente Aquino na pumayag na siya. Ang hirap talaga dito sa mga Marcos, sanay na sanay na magsinugaling sa mga Pilipino dahil madalas nakakalusot ang kanilang mga kasinugalingan. Kaya lang nga, mabuti na rin kay PNoy na ipakita agad na hindi siya uto-uto at magpapagago sa mga Marcos at madaling makuha sa kunting himas. Sabihin niya agad ang totoo: Hindi totoo na pumayag siya na
ang publiko ang magsasabi kung ililibing na bayani o hindi si Marcos.

And then. he should already declare to the world as soon as possible that Marcos is no hero and that he, as President, owes it to the Filipino people - not to allow him to be buried as one - now and for all time. That is, if in fact he is still on the side of what is right.

Many will be disappointed if Aquino betrays his commitment to moral leadership - but surprised? Probably not. So many of our leaders from whom we expected so much have betrayed us in the past like the previous president and others. We will no longer be shocked if Aquino turns out to be the same.

It is conceivable that rather than bump heads with the wealthy and the powerful and do what's right for the people, which is what his father did - and as a result was imprisoned and murdered - he might have just assumed the attitude that its smarter to accommodate - and take the money and run. I just hope for the sake of his soul and the country that this is not the case.
Bongbong appears confident that with the unlimited funding and other resources they utilized in this Libingan campaign, including mercenary journalists and accommodating opportunistic politicians - they easily were able to manipulate the survey results and would come out winner.
The Star article reported "Marcos said Vice-President Binay has already informed his family of the results of the nationwide consultation and they are anxiously waiting for the report."

Strange statement. Binay already informed the Marcoses of the result and they are still anxious to see the report? Does that mean they don't trust Binay's word and that they are still waiting anxiously for his written report to confirm that they won?

Or is Bongbong engaged here in mind games? Condition the public's mind to believe that Aquino had already given his word on this issue and that it will be decided by the public so that if Aquino or Binay later decides that it is to the best interest of the Filipino people for the late dictator not to be buried as a hero at Libingan notwithstanding the surveys - the Marcoses and their followers will claim that they reneged on their word. They will then call Aquino and/or Binay as liars and insist on Marcos' hero burial.

Where does Aquino go from here?
He can't go wrong if he listens to his conscience, be brave and stick to what is true. The whole world knows Marcos is no hero. Let's say seven thousand out of ten thousand respondents in a questionable survey - wants him buried as a hero. No, let's make that seven hundred thousand out of a million respondents - and let's even assume the survey is not questionable - would that convert a lie into truth?

The issue of whether or not a hero's burial should be given to a tyrant who caused so much suffering to his people - is essentially a moral issue. It is not a question that a true moral leader abstains from like a Pontius Pilate who knew Jesus to be innocent yet allowed the mindless majority to crucify Him. This is Aquino's defining moment. Will he allow the unthinking majority to crucify our hopes and dreams of a better Philippines?

Note: The California State Bar honors Atty. Ted Laguatan as one of the best lawyers in the US. He is one of only 29 US lawyers officially certified continuously for more than 20 years as an Expert Specialist in Immigration Law. He also does accident injuries, wrongful death and complex litigation. For communications (San Francisco area): 455 Hickey Blvd. Ste. 516, Daly City, Ca 94015 tel 650 991 1154 fax 650 991 1186 email laguatanlaw@gmail.com

VIRTUAL REALITY: The Carl Vinson visit: America’s message to Asia

2011-06-01T10:22:00.000-07:00

By Tony Lopez

ON May 18, I was privileged to visit the USS Carl Vinson, the nuclear-powered Nimitz-class aircraft carrier of the United States government. I spent more than six hours on the boat, visiting its nooks and crannies, including its so-called combat room. The Vinson is one of about ten aircraft carriers which are the prime symbols of America’s military might and lone superpower status.

Built at a cost of more than $4.5 billion, the Carl Vinson since late 2009 has been the flagship of the relatively new Carrier Strike Group I, based in San Diego. When it departed Norfolk for San Diego in January 12, 2010, the carrier was accompanied by Carrier Air Wing 17, Destroyer Squadron I, and the guided missile cruiser Bunker Hill, according to Wikipedia.
Early morning of May 2, the USS Carl Vinson acquired additional bragging rights—or notoriety, if you will—for burying the world’s No. 1 terrorist and wanted man, al-Qaeda’s Osama bin Laden, into the North Arabian Sea, with proper burial honors, of course. Thus ended the career of OBL, who The Economist said “swept up a ragbag of local grievances into a brand of intoxicating and violent jihad with worldwide pretensions.” The respected magazine estimated the cost of pursuing OBL at over $1 trillion, 150,000 deaths, two long wars in Iraq and Afghanistan in 15 years.
So who’s the next enemy? My guess is countries, like Libya under Qadaffi, and China, the next solo superpower, in 20 to 30 years. If America could spend $1 trillion to destroy one man, how much is it willing to spend to put so-called “enemy” countries in their proper places?
When USS Carl Vinson sailed into Manila Bay May 14-19 for an R and R for its more than 5,000 crew and airmen, it not making an ordinary or routine port call.
America was sending a message. It could be any or all of the following:
One, the United States is a Pacific power. One side of the American mainland faces the Pacific Ocean. America has the fund, the force and the fleet to project such power into the world’s most dynamic region.
Two, now that the world’s No. 1 terrorist is dead, tension, especially in the Middle East, may subside.
So the next battleground, if any, is the South China Sea where China has been flexing its muscles, building garrisons, and claiming territories. At least six countries, (the Philippines, Vietnam, Malaysia, Taiwan, Brunei and China), claim islands in or the entire Spratly island archipelago. So the message to America’s Asian enemy, whoever, he is: “We’ll bury you next.”
Three, the Philippines is a strategic place for power projection by any superpower.
Four, the Obama administration supports the administration of President Benigno S. Aquino III although the latter has suffered steep drops in his job approval ratings in recent months for lack of any substantial initiatives or achievements after a year in office. This may explain why the Carl Vinson docked off Henry Sy’s Mall of Asia, not at the blue waters of Subic Bay, the former home of the US Seventh Fleet to which the Carl Vinson is sometimes assigned. Manila, not Subic, is the seat of political and economic power.
Five, the Americans are in the Philippines to stay—for good. Its so-called visiting forces are not visitors nor guests. They are permanent residents.
Three days before the Carl Vinson docked off Mall of Asia, Chinese MIG-29 Fulcurm jet fighters reportedly buzzed two Philippine Air Force OV-10 Bronco planes on routine reconnaissance patrol over the Reed Bank Basin of the Kalayaan Island Group, which is part of the Spratly archipelago being claimed by Beijing.
In March, two Chinese gunboats harassed a Philippine research vessel of the Department of Energy at the Reed Bank. The Philippines has oil and gas deposits at the Reed Bank and the commercial scale Malampaya gas find. Manila protested China’s brand of gunboat diplomacy, but feebly.
At the dinner at the Carl Vinson, US Ambassador Harry Thomas Jr. said: “I agree with the reporter who recently wrote that ‘the honor accorded to President Aquino shows (that) the closeness of the United States and the Philippines does not only extend to treaty ties; it is built on blood and shared relationships!’
Four days after the Vinson left Manila, the Chinese defense secretary came. Gen. Liang Guanglie met with President Aquino. Invariably, they discussed the Spratlys, “Nansha” to the Chinese. They agreed not to resort to violence in pursuing their conflicting claims.
By tradition and history, however, when it comes to territories, might is right. Why do nations go to war? To claim territories.

STREET TALK: On Pnoy’s Approval Rating

2011-06-01T10:18:00.000-07:00

By Greg Macabenta

Presidential spokesman Edwin Lacierda has blamed the columnists for the drop in the approval rating of Noynoy Aquino. Reacting to this, Mangar Mangahas wrote an opinion piece that lectured Lacierda on the intricacies of research and drew the conclusion that newspaper columns could not possibly be the culprit since people hardly read newspapers and fewer still read the columns.

The columnists, expectedly, weighed in on the issue, some pointing out that Aquino has only himself to blame for his dip in popularity owing to his inability to deliver on his campaign promises. Others have placed the onus on Malacañang’s communications group for failing to effectively get the word out about the good work of the new administration.

To start with, any seasoned marketing practitioner will tell you that a new product introduction usually results in high positive perceptions simply for being new, on top of its unique features. But these high marks invariably drop to more realistic levels.

Aquino rode the crest of his mother’s popularity, as well as the unpopularity of his predecessor. With no track record to speak of but only the promise of a government that would be the opposite of that of Gloria Macapagal Arroyo in terms of honesty and integrity, Aquino enjoyed rock star popularity.

It was inevitable for his approval rating to dip. Whether or not it has dipped to the level that he deserves, is still unclear. But the public has begun to get over the novelty of a brand new president and is now more closely checking out the merchandise. That is understandable.
On the other hand, perceptions are influenced by media, mainly because media are the main sources of information about national events. But a new element has been added that Noynoy Aquino’s mother and past presidents did not have to deal with.

This is the new, interactive media environment, characterized by the social networks, the email, the blogs and the search engines like Google and Yahoo.

These days, anyone who has something to say, from the sublime to the ridiculous, has a platform from which to deliver his piece. And not just to his immediate family and the next door neighbors but, potentially, to the whole world.

But for someone to make a comment on something, there has to be a stimulus. In marketing, we refer to it as the source of awareness.

Mangahas contends that newspapers and, by extension, the newspaper columns, could not possibly be the main source of the negative stories about Aquino, mainly because only a few people read them nowadays.

What Mangahas should consider is the fact that Google and Yahoo pick up these news items as soon as they appear in print and they become sources of information for anyone doing a search.
Additionally, the few newspapers readers whom Mangahas referred to may be passing on the new information they have picked up to the rest of the non-newspaper-reading population.

Someone I know literally sends out dozens of emails everyday, conceivably to all the people in his address book (I happen to be one of them). He is a sharer. He shares every new insight he gets, every photograph that catches his attention, every joke, every anecdote, every quotation and, yes, every interesting column item. The more controversial or novel or shocking, the better.

I have noted that many of what he passes on were also forwarded to him but similarly inclined individuals. Conceivably, those individuals received many of the tidbits from others who, in turn, got them from other sources.

Word-of-mouth has metamorphosed into word-of-online-media.

But, like Chicken Little who spread the news about the falling sky, these sharers source the information somewhere. The most likely sources are the media. And since the items passed on are top heavy with biases and personal points of view, the sources are more likely to be commentaries, whether in newspapers or TV or radio.

The hapless Willie Revillame knows how this works. The news about the kid doing the strip dance that spread like wildfire and torched his show was picked up by the columnists and, subsequently, picked up from the columns by FaceBook activists who felt concerned enough and agitated enough to pass it on and to urge others to protest the incident.

In effect, Lacierda is partly right when he blames the columnists for being the source of the negative commentaries about Aquino. But if you follow the metamorphosis of a column item as it is picked up by a reader and then passed on from medium to medium, you can be horrified at the way it is interpreted, added to, digested, exaggerated or distorted.

It’s pretty much like the Boy Scouts game where a piece of news is passed from ear to ear, from one end of a line to the other. If the news is about someone being sick, by the time it gets to the end of the line, the news is already about someone dying. And when passed back down the line again, it could end up as news about a resurrection.

Add to this volatile communications situation, the presence of many commentators with different points of view and different agendas. You can imagine what kind of opinions they feed into the pipeline and how these are understood, misunderstood, interpreted, misinterpreted, and recycled down the line.

The harsh reality is also that there are pundits who have preconceived notions about Aquino. The much-maligned hydra in Malacañang can have all three heads blue in the face, but that won’t change the bias of these folks. Some of them may be sincere in their negative perception of Aquino, but there are others who are dedicated torpedoes.

It only takes one knowledgeable propaganda specialist to poison the pipeline and give the likes of Lacierda nightmares.

Among DDT specialists, there is a practice called bisikleta. The term is derived from Tagalog movies where a film intended for showing in only one theater is illicitly shown in many other theaters in nearby towns. The film reels are relayed by a team riding bicycles.
In the practice of disinformation, bisikleta means feeding a piece of news to an outlet, say a radio commentary, then echoing it in a newspaper column, with attribution to the radio source. That item is further bicycled into other vehicles, including the social networks. At the same time, it is fed to public personalities eager to make a sound bite, most likely members of Congress and publicity-hungry politicians. Once they weigh in on the issue, the mainstream media have reason to pick up the news and comment on it. At that point, the little mole will have turned into a mountain.

What recourse does Noynoy Aquino have in the face of such a volatile media environment? Simple: Do the right thing. Put in a lot of productive working hours. And then deliver on his campaign promises.

When he delivers results, the commentaries of pundits and torpedoes will be irrelevant. But, if he fails, a ten-headed communications hydra will not be of any help.

To quote Abraham Lincoln: * "If I were to try to read, much less answer, all the attacks made on me, this shop might as well be closed for any other business. I do the very best I know how - the very best I can; and I mean to keep doing so until the end. If the end brings me out all right, what's said against me won't amount to anything. If the end brings me out wrong, ten angels swearing I was right would make no difference."
(gregmacabenta@hotmail.com)

NO LIMITATIONS: Suffering and the Smiling Filipino

2011-01-25T11:34:00.000-08:00

By Ted Laguatan

Filipinos often claim that the Philippines is the only Christian country in Asia - which is really no longer true. Papua New Guinea and East Timor are now also predominantly Christian countries. Some Filipinos seem to think that God favors them in some way because they are Christian. Maybe in some profound sense - they may be right.

Ninety two percent of Filipinos are Christians. Eighty one to eighty five percent are Catholics. In a deeply spiritual sense, maybe God favors Filipinos. True Catholic belief sees suffering as a way to heaven. Some of the greatest Catholic saints have gone through incredible sufferings: painful illnesses, persecutions, tortures, disappointments, humiliations, martyrdoms. Catholics are taught that they can offer their sufferings to God which results in many blessings.

Catholics believe that the suffering and death of Jesus Christ is the most important event in the history of mankind. It healed the breach caused by sin between man and God. In Catholic mystical theology, undeserved suffering is connected to Christ's sufferings - which brings forth much good.

The belief is that the acceptance and willingness to undergo sufferings in imitation of Christ bears fruit not only in the life of the individual sufferer but also in the lives of others. As such, it is not only a question of accepting suffering that come's one's way but also deliberately seeking self imposed suffering at times - especially during lent.

Millions of Filipinos suffer so much because of government corruption, ignorance, malnutrition, slum housing, crime infested surroundings and general poverty. An estimated one third of our people goes to bed hungry at night. Perhaps it is this deeply embedded Catholic belief about the virtue of suffering in the Filipino psyche that enables him or her to be so resilient - to endure so much. The Filipino somehow manages to remain smiling no matter how dire his circumstances may be.

This resiliency and gentle toughness are also probably there because of his great faith in a loving God - that somehow, God will see him through all these sufferings and that it will be all right in the end. This simple faith and trust in a God Whose love will make all things right is also deeply installed in the Filipino psyche - unquestionably a beautiful part of Filipino culture.

His relationship with God also provides him (or her) the "bahala na ang diyos" attitude that enables him to brave loneliness and dangers in distant cold or desert lands and strange foreign cultures: to find work that enables him to feed his family back home - or to send his children or younger brothers and sisters to school - so that they may have a decent future.

It's incredible how one sees so many smiling Filipino faces in the midst of devastated drowned houses, cars or crops after a major typhoon. When typhoon Ondoy smashed the Philippines in September 2009, it was fascinating to see on TV news the smiling faces of Filipinos wading their way through deep flood waters with their children and belongings. I saw the same kind of smiles in the face of evacuees fleeing from the wrath of Pinatubo when it exploded. It's as if they're saying: "Its okay - we'll survive this no matter what. God is with us."

In the midst of disasters, even if their houses are damaged, their cars wrecked, their furnitures and household appliance ruined, their crops ruined, their businesses affected - Filipinos still manage to smile.

I have seen similar disasters in the United States and other countries. I had not seen any smiling faces amidst flood waters or tornado or earthquake wreckage. Of course, that's understandable, who can smile in the face of so much pain and sufferings?

The Filipino can.

Note: The California State Bar honors Atty. Laguatan as one of only less than 29 US lawyers officially certified continuously for over 20 years as an Specialist/Expert on US immigration law. He also does business, accident injury and death cases. San Francisco Bay Area info: 455 Hickey Blvd., Ste. 516, Daly City, Ca 94015 tel. 650-991-1154 fax 650-991-1186 Email laguatanlaw@gmail.com

VIRTUAL REALITY: China will dominate the world

2011-01-25T11:33:00.000-08:00

By Tony Lopez

Chinese President Hu Jintao was lionized in Washington and DC when he made a three-day state visit to the United States January 18 to 20.

Said the New York Times on January 21: “Unlike Mr. Hu’s previous trip five years ago, when he was not accorded full honors and a series of gaffes marred the visit, this one seems to have gone exactly according to script—which is how Beijing likes largely ceremonial events like state visits.
There was a 21-gun salute, a gala dinner, and a live news conference that went about as well as could be expected for the press-shy Mr. Hu. Business deals were signed, a small child was hugged, and a major speech was delivered.”

The visit echoed the Chinese Communist Party’s buzzwords—stability, harmony, cooperation.

“The positive, constructive, cooperative US-China relationship is good for the United States,” beamed an obviously pleased Barack Obama opening the joint conference with Hu at the White House East room, January 19. The US President noted that “we’re now exporting more than $100 billion a year in goods and services to China, which supports more than half a million American jobs. Our exports to China are growing nearly twice as fast as our exports to the rest of the world, making it a key part of my goal of doubling American exports and keeping America competitive in the 21st century.”

“Cooperation between our countries is also good for China. China’s extraordinary economic growth has lifted hundreds of millions out of poverty,” Obama added. He attributed that growth to the Chinese people and also, “to decades of stability in Asia made possible by America’s forward presence in the region, by strong trade with America and by an open international economic system championed by the USA.”

Responding, Hu was less effusive and less detailed. “China-US cooperation has great significance for our two countries and the world,” the Chinese president agreed with Obama. “The two sides should firmly adhere to the right direction of our relationship; respect each other’s sovereignty, territorial integrity and development interests, promote the long-term sound and steady growth of China-US relations, and make even greater contributions to maintaining and promoting world peace and development,” he declared.

“China is firmly committed to the path of peaceful development and a win-win strategy of opening up.

China is a friend and partner of all countries and China’s development is an opportunity for the world,” Hu concluded his opening statement at the press conference.
The message of both the US and China seem to be—we need each other. We both are important to each other, to Asia, and to the rest of the world.

Clearly, however, China is going to be the dominant country in this century.

In a study, banking giant HSBC predicts that between 2010 and 2030, China will have the highest per capita income growth, 227 percent, even as the growth of its working population will slow down because of its one-China policy.

By 2030, projects another venerable bank, Standard Chartered, China will become the richest nation with 24-percent share of GDP, twice the US share.

Accordingly, China has been behaving like the sure winner in the superpower race.

“Strip the charm from Chinese diplomacy and only the offensive is left,” sneers The Economist in its January 15 to 21 issue. “Sino-American relations are at their lowest ebb since a Chinese fighter collided with an American EP-3 spyplane a decade ago,” the respected magazine said.
China has unveiled a new anti-ship missile and a stealth fighter jet whose development US Defense Secretary Robert Gates thought would take years the Chinese to do. Well, the stealth fighter jet was tested just when Gates was in China. Until then, only the US had a stealth fighter jet. Relates The Economist:

“Sino-American relations have been deteriorating for a year. On his first visit to China in 2009 President Barack Obama was treated with disdain, and the Chinese government reacted with fury when he sanctioned arms sales to Taiwan that were neither a surprise nor game-changing and saw the Dalai Lama—also routine for American presidents. China broke off military-to-military contacts and officials suddenly stopped returning American diplomats’ calls.”

In Asia, “China has more forcefully asserted sovereignty over great swathes of the South China Sea. It overreacted after a Chinese trawler rammed a Japanese coastguard vessel in contested waters controlled by Japan. It got into a spat with India over visas for Kashmiri residents. And it failed to condemn the North Korean sinking of a South Korean corvette and the shelling of a South Korean island.

Even Africa, once extremely friendly to China, is having doubts. Anger in Zambia is growing over Chinese managers who shot at mine workers.”

Warns The Economist: Don’t underestimate America . . . America is certainly losing clout in relative terms, but it will remain the world’s most fearsome military power for a very long time.”

FROM THE CAPITOL: Protect Language as a Civil Right

2011-01-25T11:32:00.000-08:00

By Senator Leland Yee

While speaking one’s native language is protected in cases of employment and housing under state law, such protections are not provided under the state’s civil rights act, which prohibits discrimination within business establishments. This is why I reintroduced landmark legislation to prohibit businesses from denying service to a patron because of the language he or she speaks. Two years ago, then Governor Arnold Schwarzenegger vetoed similar legislation.

Like Senate Bill (SB) 242 which was introduced in 2009, SB 111 would add protections for language, which prohibits discrimination within business establishments.

The issue for SB 242 originally stemmed from a proposed policy announced in 2008 by the Ladies Professional Golf Association (LPGA) to suspend players who do not speak English. Despite there being no relevance to the sport, the LPGA claimed that it was important for players to be able to interact with American media and event sponsors. Ironically, many of the sponsors are international companies and a number of the tournaments are not held in the United States. No other professional sports league in the United States has such a mandate.

Recently, a similar case occurred at Delano Regional Hospital in Kern County. Filipino medical staff and workers were singled out and given direct instruction not to speak Tagalog or other Filipino languages, even during their break times.

It is quite disheartening that in the 21st century any organization would think such a policy is acceptable. Discrimination based on national origin and ethnicity will not be tolerated. Individuals have a right to speak their native language when it is not affecting their work or in this case, the care of patients. Speaking one’s language is clearly protected by federal and state law.

The workers at Delano Regional Medical Center deserve greater respect from the hospital’s management. It is particularly discriminatory to single out Filipino languages over others. It is an insult to the professionalism of Filipino American medical workers throughout the State who work to keep the people of California healthy and well.

Workers at the medical center have filed a suit against the hospital, the passing of this bill will ensure that such discrimination will not happen again. It will give individuals freedom to speak their own language within business establishments without unwarranted discrimination.

Although the LPGA rescinded their proposal after objections over 50 civil rights organizations, hospital management has yet to rescind the policy. While their case is likely covered by existing law, SB 111 may strengthen their case as such protections would also be covered by the Unruh Civil Rights Act - the state’s main civil rights law – which prohibits discrimination within business establishments, generally to protect patrons from not receiving service based on sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, and sexual orientation.

SB 111 would prohibit a business from adopting a policy that requires, limits, or prohibits the use of any language within a business establishment. The bill allows a language restriction to be imposed as long as notification has been provided of the circumstances when the language restriction is required. SB 111 does not impose any additional requirements on businesses other than to respect the dignity and diversity of their patrons.

STREET TALK: MBCs Integrity Certification System

2011-01-25T11:30:00.001-08:00

By Greg Macabenta

President Noynoy Aquino’s vow to cleanse the government of corruption will soon get a major boost. You see, whenever people talk about fighting corruption, the only ones put on the carpet, the dogs who need to be fumigated and rid of lice, are the public officials. The other players in the Corruption Game are hardly ever mentioned. And yet, we all know, where there are bribe takers, there are bribe givers.

Now comes the Makati Business Club, announcing that it is launching the “Integrity Initiative” in cooperation with the European Chamber of Commerce of the Philippines.

According to this news item that I read a few days ago, the new MBC executive director, Peter A. Perfecto, in announcing the initiation of this very laudable undertaking, stressed that it is “high up on the agenda” of the organization.

According to Perfecto, MBC plans to get Philippine businesses to “sign on to an integrity pledge where the CEOs will ban bribes, conduct ethics training and improve the transparency of financial reporting.”

This specifically refers to “big public-private sector projects” for which bids will be sought.
The MBC plans “to establish guidelines and internal mechanisms to guard against corrupt practices.” The result will be an “integrity certification system” that will be used by the government in screening bid participants. In other words, the equivalent of a Good Housekeeping Seal.

I guess it’s fair to assume that only those companies that are “certified” to be of unquestioned integrity will be allowed to bid on government projects.

This is fantastic! Can you imagine a bidding process where only those who have passed what, hopefully, will be a stringent “integrity screening process” will be allowed to participate?
Wow!

Without meaning to cast aspersion on the members of MBC, or on the Philippine business community as a whole, we have to hope that there will be enough “qualified bidders” after such a rigid screening process.

I’m reminded of the old joke concerning the mayor of Manila who issued a directive to the Manila Police Department (this was before the PNP took over) to the effect that ugly people should be picked off the streets of the city and brought to the Luneta. There they would be lined up before a firing squad and shot.

The following day, not one member of Manila’s Finest could be found out on the streets. Neither was the mayor.

Perhaps a reality check is in order. I assume that a very high IQ (Integrity Quotient) will be established by MBC, otherwise, why bother with such a program at all? But before these very high standards of honesty and integrity are enforced, perhaps Perfecto and the directors of MBC may want to subject their member organizations to a gradual cleansing process, pretty much the way tap water is made to go through a purification process before it is certified safe to drink.
Perhaps the board of MBC can first announce an Integrity Amnesty for all businessmen and corporations, not just members of the club. Those who want to take advantage of it should be required to fill out a form in which they will confess all the instances where their integrity was below MBC standards.

Of course, the members of the board of MBC and the officers of their respective firms will lead by example. There will be no recrimination. No gossiping. No questions asked.

In fact, Perfecto will kick off the process of exorcising the Demons of Corruption by declaring, “Let him who has no sin among you cast the first stone.”

Having done that (and it is assumed that no one will dare cast the first stone among the members of MBC), all those who desire to avail of the Integrity Amnesty will undergo an Integrity Retreat, similar to the Cursillo.

They will all be contained in one dark hall, so dark that they cannot recognize each other. They will then be asked to confess their sins aloud, shouting them out and asking for forgiveness. Every single transgression will be declared, the instances when they rigged bids, bribed government officials, agreed to pad the cost of public works projects, cheated on their corporate and personal taxes and, otherwise, contributed to the culture of corruption in the country.
Having done that, they will then be submerged in a pool spring water, where every iota of corruption in their entire being will be washed away.

Having gone through that process, they will be made to swear over a stack of Bibles that they will, henceforth, live lives of honesty, integrity and nobility. After that, they will be blessed by the bishops (who, themselves, will undergo their own cleansing process).

All the “graduates” of this process of cleansing and fumigation will be entitled to the Integrity Amnesty, all their past corrupt practices being forgiven and forgotten.

Only at that point will it be realistic for MBC to institute the “integrity certification system.”
Admittedly, setting the Integrity Quotient too high may be a turn-off for some members of MBC. I think it is reasonable to allow some flexibility.

For instance, cheating on wives or husbands or having more than one of either should not be included in the list of forbidden practices – unless, they have a direct impact on the BIQ (Business Integrity Quotient).

Cheating on one’s golf scores may also be forgivable, a precedent having already been set in this regard. A public official was accused of cheating on his golf score, yet was allowed to occupy his integrity-sensitive position.

There may be other exceptions that the MBC board may want to consider. In the United States, government officials, especially those who are in a position to grant favors, such as contracts or advantageous legislation, are strictly prohibited from receiving free tickets to concerts or major sports events or expense-paid overseas trips or privileges and favors that could unduly influence them.

Now, we know that little favors and privileges like these are normal in our beloved country and no one ever makes a fuss over them. Surely, ringside tickets to a Pacquiao fight in Las Vegas, plus plush hotel quarters and an open tab on food, drinks and girls, aren’t too much to give a politician. Didn’t the husband of the past president himself justify such perks?

And, surely, spending several thousand dollars on a dinner in New York doesn’t qualify as abusive, if the folks who are wined and dined are important officials of the country. Again, didn’t the past president justify that, too?

As one client of mine put it, when I was still working with an ad agency in Manila, “Anything that’s consumable is forgivable.” That, of course, refers to gifts of food and drinks.

Besides, in this age of multimillion peso (and multimillion dollar) kickbacks and overpricing, a night out, even with a harem, is small change.

So, there.
Hopefully, Peter Perfecto and the MBC board will succeed in their announced campaign to curb corrupt practices in their dealings with government and in their plan to establish their “integrity certification system.”

We will all watch and wait with bated breath.
(gregmacabenta@hotmail.com)

VIRTUAL REALITY: Tetangco’s tough act to follow

2011-01-18T10:23:00.001-08:00

By Tony Lopez

Bangko Sentral Governor Amando M. Tetangco Jr. hosts the annual cocktail reception for the banking community recently. It is Say Tetangco’s way to thank the banking industry and, probably, to express his valedictory.

Press reports indicate at least three people could be BSP governor Bank of the Philippine Islands President Aurelio “Gigi” Montinola 3rd, and two deputy governors of BSP—Nestor Espenilla and Diwa Guinigundo.

Brilliant but unassuming, Montinola epitomizes the best in a commercial bank CEO. He made the Ayala-owned Bank of the Philippine Islands immensely profitable by recasting its stodgy image and making it more inclusive with its focus on consumer banking rather than corporate, and by charging the more reasonable interest rates and bank fees.

In fact, in this decade of the 21st century Montinola sees financial accessibility and inclusive banking as the main trend, along with increasing Asean regional integration, continuing development of capital markets, and greater penetration of Internet and mobile banking. The Ayala group has the first-mover advantage in mobile banking.

Still, among the worst Philippine central bank governors were those who used to head private commercial banks. Jobo Fernandez (1984 to 1990) punished the economy with unheard of 44-percent interest rates that forced the economy to freeze. Joey Cuisia (1990 to 1993) forced the state to absorb more than P400 billion in foreign exchange losses of the private sector, which made the wrong bet on the peso. So huge were the losses that the old Central Bank had to be phased out (I didn’t say it went bankrupt) and a new Bangko Sentral ng Pilipinas had to be established as the central monetary authority and to hide the losses.

The best central bank governors were insiders or those who spent years in public service. Like Miguel Cuaderno, governor from 1949 to 1960. He presided over the Philippines’ rise as the second most prosperous economy in Asia, after Japan.

Or locally educated Gregorio Licaros Jr. (governor from 1970 to 1981) who stabilized the peso and the payments systems in the first foreign credit crisis of the 1970s and rescued the Philippines from recession after the Great Flood of 1972.

Or Harvard-trained lawyer Gabriel Singson (1993 to 1999). He ushered in major reforms that enabled the Philippines to ride out the adverse effects of the 1997 Asian Financial Crisis.
And of course, you have the economist Tetangco who has masters in public policy and administration from the University of Wisconsin. He has spent 37 years at BSP.

Tetangco’s record is a tough act to follow. “We delivered on our mandate to provide stability that helps ensure balanced and sustained economic growth,” he says.

Under Tetangco and Team BSP, the central bank controlled inflation, brought down interest rates, strengthened the peso, boosted foreign reserves to record high ($62 billion by end-2010), stabilized the banking and financial system, and in a way, saved the Philippines from recession in 2008 and 2009 even as two-thirds of the globe was gobbled up by the worst economic slowdown in 80 years.

For ordinary Filipinos, taming inflation meant increased purchasing power, which partly explains the boom in malls and consumer spending.

More important, BSP’s inclusive banking or micro finance program meant reaching out to what is called the Bottom of the Pyramid, the 90 percent who are mainly poor and yet constitute the majority of the population.

The Philippine economy has posted 47 consecutive quarters of growth beginning with the first full year of President Joseph Estrada in 1999. Of those 47 quarters, 22 were scored during Tetangco’s watch when the GDP averaged annually—for the first time in a long while—5.4-percent growth.

With population growing at 2 percent per year, the economy was growing at 3.4 percent (5.4 percent minus 2 percent), the first time that economic growth exceeded population growth rate. The result is significant, if not dramatic, per capita income growth.

The year just ended was a particularly good year. The economy expanded by 7.5 percent in the first three quarters of 2010, the best growth rate in 22 years. For the first time, the value of economic output, plus income from abroad (the gross national product) hit P9 trillion, which at P44 to $1, is worth $204.5 billion. With a population of 94 million, the country has per capita income of $2,175.5, more than double from the $967.3 in 2001 when President Arroyo became president.

BSP’s work is measured usually in three pillars—prices, the balance of payments, and the stability of the banking and financial system. “We did quite well insofar as the three pillars of central banking are concerned,” Tetangco asserts with justifiable pride.

Inflation went single digit—averaging 3.8 percent in January to November. The payments system, in surplus by $13 billion, a record, inspires confidence. The banking system is sound and stable. Foreign reserves are $62 billion. We are rich.
Congratulations, Gov Tetangco.

FROM THE CAPITOL: Promoting Child Safety

2011-01-18T10:21:00.000-08:00

By Senator Leland Yee

In effort to continue to promote child safety in our state, I reintroduced a measure to help make California ski slopes the safest in the nation for kids last week. Among the provisions of Senate Bill 105, all minors would be required to wear helmets while skiing and snowboarding.

Last session, then-Governor Arnold Schwarzenegger signed an identical measure – SB 880 – but vetoed a companion bill that called for ski resorts to develop and publish safety plans.

Enactment of SB 880 was contingent on the signing of AB 1652 – authored by then-Assemblyman and now Insurance Commissioner Dave Jones – and thus the helmet mandate did not go into effect. This year, I introduced the bill as a standalone measure.

It is imperative that we do not have another ski season in which children are left at such serious risk. California’s ski slopes are perhaps the last area of recreation where we do not have basic safety standards in place for children.

Despite repeated warnings from public health experts, professional athletes, and ski resorts, each winter brings news of hundreds of unnecessary tragedies for the failure to wear a helmet. SB 105 will significantly reduce instances of traumatic brain injury or death for such a vulnerable population.

According to the National Ski Areas Association, 19 of 38 people who died on ski slopes in the 2009-2010 season were not wearing helmets at the time of the injury.

SB 105 will also require resorts to post signs about the law on trail maps, websites, and other locations throughout the property. Following the lead of California’s bicycle helmet law, SB 105 will imposed a fine of not more than $25 on the parents of children who fail to wear a helmet while skiing or snowboarding.

In signing this piece of legislation last session, Schwarzenegger wrote: “This measure will help prevent avoidable injuries to children while engaging in dangerous activities. While I am signing this bill to demonstrate my support for this measure, I recognize that it will not take effect”
Last year, the Dr. Phil Show focused on the need for greater helmet use by children while skiing and snowboarding. On the show, Dr. Phil McGraw announced his support for my legislation, stating, “I think this is a very timely and important issue to address as kids do dangerous things, and as adults, we have to use our foresight to protect them from themselves,” said McGraw.

Half of all skiing deaths are caused by a head injury. Recent studies show that when helmets are used, the incidence of traumatic brain or head injury has been reduced 29 percent to 56 percent. The Federal Consumer Products Safety Commission (CPSC) has found that more than 7,000 head injuries per year on the slopes in the U.S. could be prevented or reduced in severity by the use of a helmet. The CPSC study also showed that “for children under 15 years of age, 53 percent of head injuries (approximately 2,600 of the 4,950 head injuries annually) are addressable by use of a helmet.

How can California not set minimum standards for children’s ski safety when the data is so conclusive that helmets save lives and reduce severity of head injuries? We correctly do not allow parental choice for car seats and seat belts or basic vaccinations for children attending schools; nor should a helmet for kids on ski slopes be optional.

This legislation has been supported by the California Psychological Association, American College of Emergency Physicians, California Brain Injury Association, California’s Children’s Hospital Association, California Chiropractic Association, California Hospital Association, California Ski Industry Association, California Medical Association, California Nurses Association, California Psychiatric Association, California Travel Industry Association, Children’s Advocacy Institute, and the National Academy of Neuropsychology, among others.

STREET TALK: More Bark Than Bite

2011-01-18T10:19:00.000-08:00

By Greg Macabenta

Sarah Palin, the former governor of Alaska who was vice-presidential running mate of Republican presidential bet, Senator John McCain, is on the crosshairs of U.S. opinion makers.
Last fall, in her website, Palin featured 20 congressional districts targeted for Republican takeover in the November mid-term elections. To dramatize her point, she showed the Democratic members of Congress on cross hairs. Among them was Rep. Gabrielle Giffords of Arizona.

Last Saturday, Giffords was shot in the head by a lone gunman who also killed six others and wounded 14 in the shooting rampage. This happened at a shopping center in Tucson, Arizona, where Giffords had set up a booth at which she met with her constituents. Giffords is still in critical condition but has shown signs of slow recovery.

President Barack Obama and Washington officialdom paused for a moment of silence last Monday, as they and the rest of America struggled to understand what could have prompted 22- year-old Jared Loughner to go on the killing spree.

There are indications that Loughner had purposely sought out Giffords. According to government prosecutors, before he took a taxi to the shopping center, he had scrawled on an envelope the words “my assassination” and “Giffords.”

While the gunman is reported to have a history of mental instability, some opinion makers are wondering if the rampage may have been triggered by the increasingly inflammatory rhetoric being employed by conservative talk radio hosts, as well as Sarah Palin, during her election campaign sorties and in subsequent media appearances, Palin does have a tendency to be over-dramatic, making up lack of substance with motherhood statements and hellfire-and-damnation rhetoric. But Palin’s language is benign compared to that used by conservative talk radio commentators who, almost literally, call for the scalp of those they consider liberals.

As a result of the Arizona shooting, some Democratic lawmakers are considering new legislation that would include members of Congress in current laws that restrict images and language that threaten the president of the United States. Rep. Robert Brady (D) of Pennsylvania is said to be preparing a bill that would outlaw the use of threatening language against lawmakers.

Is there a red flag here for Philippine public officials who have become targets of the increasingly vitriolic rhetoric of radio and TV commentators and newspaper columnists?

I don't think so. If we are to go by past experience, it is unlikely that the average Pinoy will be agitated enough by commentaries to be motivated to assassinate any public official, even those who have become virtual media whipping boys, like the members of the Supreme Court.

In fact, in our country, the reverse is true. The public officials are the ones who are known to liquidate media commentators and opinion makers, as well as political enemies.

The assassination of Pakistani Prime Minister Benazir Bhutto wouldn’t have happened in the Philippines. Pinoys do not seem to have the kind of temperament that would drive us to pick up a gun and hunt down and kill a public official, no matter how corrupt or incompetent.

We love to make loud noises against crooked public officials, but in the course of our railing and ranting, we let off steam and, subsequently, lose interest.

In the first place, it takes us a loooooong loooong time to get really outraged over even the most brazen official abuses. Small wonder, it took centuries before we could mount a revolution and sustain it enough to achieve a measure of success.

In the case of Marcos, it took a combination of Ninoy Aquino’s assassination, the breakaway of Ramos and Enrile, the rhetoric of Cardinal Sin and the support of civil society for the EDSA revolution to explode.

But, even in this historic display of People Power, which awed and impressed the entire world, we could not sustain our passion enough to see genuine reforms through and to punish those whom we perceived to have abused us.

Indeed, we seem incapable of the passion and the fanaticism that characterized the French Revolution. I don’t think anyone of us can imagine lining up official thieves and plunderers at the guillotine.

This is what makes us such a remarkable people. We are imbued with the talent for hospitality and friendliness, the virtue of charity and compassion, the inability to hold a grudge, the readiness to forgive and forget.

The politicians have a word for it. Uto-uto.

I can’t think of the English equivalent for that word. But it means being easily led around by the nose, sold a bill of goods, made happy and satisfied with consuelo de bobo, and fried in our own lard.

Even our commentators and opinion makers in media are like that. You can count on the fingers of one hand those can sustain their outrage against such obvious objects of disdain as Gloria Macapagal-Arroyo.

The politicians and public officials know this only too well. They know that, no matter how grievous their abuses may be, they can always count on the Pinoys to forgive and eventually to forget.

Thus they have no compunction about plundering the country and committing all kinds of violations against the citizenry. They know that after all the sound and the fury, the people will cool down, lose interest, and even forget what it was they got so mad about. And, thus, the politicians know that they can plunder and inflict abuses all over again.

In America, I’m often asked to explain the psychology of the Pinoy.

How can we stage a revolution and drive leaders out of the country for having abused us and robbed us blind, and then welcome them back and elect them to high office again?

How can we eject a supposedly corrupt and incompetent president, like Erap Estrada, and then give him the second highest number of votes in the last presidential elections?

How can we accuse an incumbent president, like Arroyo, of every conceivable violation of the public trust and yet allow her to remain a power behind some of the most important offices in the land?

In the aftermath of the Arizona shooting rampage, my response is simple enough:
“Our bark is worse than our bite.”

No wonder, we are abused over and over and over again.

(gregmacabenta@hotmail.com)

VIRTUAL REALITY: On Cebu Air, AirAsia and SMB

2011-01-05T10:54:00.000-08:00

By: Tony Lopez

Cebu Pacific’s share price has taken a beating following an announcement that Tonyboy Cojuangco’s group has tied up with the region’s pioneer and biggest, AirAsia, to operate budget flights in and out of the Philippines.

A subsidiary of giant JG Summit, Cebu Pacific made its IPO debut on October 26 at an offering price of P125 per share—a rather huge overprice considering that the airline made money only in the year preceding its IPO despite having been a low-cost carrier for over a decade.
At the time of its IPO in October 2010, the P125 price gave Cebu a market cap of P76.65 billion. At about the same time in October, San Miguel Brewery, a real monopoly with 95 percent of the local beer market and more than a hundred years of consistent profitability, was valued by the market at only P125.36 billion, a premium of 63.5 percent over Cebu Pacific which has an unsustainable near-monopoly of budget flights.

True enough, hitting a high of P133.50 after its listing, a gain of 6.8 percent from the offering price, Cebu’s share price has steadily nosedived—reaching a low of P82 on December 17, the date AirAsia announced its intention to operate in the Philippines. At P82, Cebu is a loss of 34.4 percent from its P125 offering price and a loss of 38.57 percent from its high of P133.50 per share. Today, at P111 per share, Cebu stockholders are losing money at the rate of 11.2 percent. The airline is valued only at P68.68 billion, down P8.65 billion.

In contrast, SMB has risen dramatically scaling a 52-week high of P31.95 per share before correcting to P29.90 on December 28 after languishing at around P9.93 for several weeks prior to the run-up that began in mid-November 2010. Today, SMB is worth P453.83 billion, a massive gain of P300 billion, or 197 percent in less than two months. The market is valuing SMB for what it really is—a strong monopoly, no rivals, robust cash flow, and a history of consistent consumer focus. EBITDA [earnings before interest, taxes, depreciation and amortization] is about P80 billion in 2011. (Disclosure: I don’t have SMB shares).

If you invested P1 million in Cebu Pacific in October, it would be worth just P890,000 today. If you placed the same P1 million in SMB in October, it would be worth P3.65 million. In October, your Pl million could buy a Toyota Innova. This month, P3.65 million can buy you a late model BMW 3 Series plus some change to buy a Rolex classic watch.

Cebu Air’s business model is flawed. It is easy to replicate. That is why news of the entry of AirAsia readily sent jitters to the market, prompting investors to dump the stock. On December 17, the day the share price sank to its record low, more than 3 million shares were sold valued at P326 million, 5 percent of the company’s market cap. Another 5 percent, or P353 million were unloaded the following day, December 20 as the stock recovered to P105.

Besides, I think consumers are beginning to get fed up with Cebu Air’s shabby treatment. Cebu hates autistic children. It hates doctors carrying transplant kidneys. It hates half-full flights. So it combines two half-full flights flying within three hours of each other into a single full flight. The problem is that it doesn’t bother to inform the passengers of the two flights beforehand that their flights had been consolidated.

You are a passenger in the first flight. You learn about the cancelled flight. So you check in for the second flight. You will be charged for late check-in—for a flight that has been cancelled! That’s how unreasonable Cebu Air is.

The most successful low-cost carriers are those that treat their passengers fairly and decently. Like Southwest of the US. And AirAsia. To its credit, despite cost-cutting and late entry into budget flights, Philippines Airlines has remained true to its promise of treating its passengers well.

Air Asia has disrupted the airline business in every country it penetrated, offering fares discounted by 50 percent. Its entry has meant low-cost carriers accounting for 49 percent of domestic flights in Australia, 34 percent in Thailand, and 59 percent in India, according to figures by Forbes Asia, which named Air Asia founder and CEO Tony Fernandes its Businessman of the Year 2010.

Fernandes launched AirAsia in 2001 as a no-frills airline patterned after Ryanair of Ireland. Today, according to Forbes, AirAsia has 8,000 employees, 100 planes, over 100 million passengers a year, and 140 routes, with hubs in Malaysia, Thailand and Indonesia. The Philippines is the only major Southeast Asian country where AirAsia does not operate. AirAsia makes about 23-percent net profit for every $100 of revenue.
So now, let the dog fight begin.

FROM THE CAPITOL: Fresh Start to a New Year

2011-01-05T10:52:00.000-08:00

From Senator Leland Yee

January 1, 2011 marks the start of another New Year. As another chapter is written in our memoirs, we can reflect on the events of the previous year, recalling all the events that made it one to remember. While we walk through the memories, let us also take the lessons learned to make this New Year an even better one.

As we embark on this New Year, we think of what good things we would like showered upon ourselves, our families and friends. As a Senator representing the largest Filipino and Filipino American population outside of the Philippines, I am proud to be an ally for the community. In the years I’ve spent serving this community I’ve had the pleasure to meet many Filipino and Filipino Americans and create lasting friendships. As an immigrant child myself, I have great admiration for the many individuals who strive to work hard in order to create a better opportunity for themselves and their families.

There is a long history of strength and perseverance in the Filipino and Fil-Am community. Every day, Filipinos across nations go out to work in a wide range of jobs. They volunteer in countless ways to improve their communities. They raise their children, provide for their families, and help to keep this great country running. As we enter this new year, I am confident that together we will be able to overcome any hardships that may come in the way and will be able to collectively achieve out goals and accomplishments for this year.

In the start of my second term as Senator of the 8th Senate District, I am committed to serving my constituency. My office has many things in store for the community. We will continue to provide the services essential to the community and provide the assistance needed to help you. Look for information in the coming months on community events and opportunities in the district, including our annual Community Breakfast in San Francisco and San Mateo counties, and the annual Richmond District Health Fair.

Another event in store is yet another celebration for Filipino-American History Month. As you recall, the California State Legislature passed Senate Concurrent Resolution 48 in 2009 to officially declare that month, and every October thereafter as such. Over the course of the month, I enjoyed the company of friends in the Filipin American community to celebrate this momentous occasion and I look forward to celebrating again with the community. I hope that you will join me again as we celebrate the history, culture, traditions, and heritage of Filipino and Filipino Americans in the United States.

STREET TALK: The Grateful Pinoy

2011-01-05T10:46:00.000-08:00

By Greg Macabenta

“Ingrato!”
To be called that is to be a pariah in our country.

Gratitude is considered an enduring virtue among us, as a people. It said in the same breath with loyalty, faithfulness, constancy, nobility, the Bayanihan Spirit.

Because we owe our community for the good life we live, and we owe God for his blessings, and we owe our parents for raising us, and our country for nurturing us, we are sworn to be ever grateful to them and to demonstrate this in thought, word and deed.

Gratitude is the underpinning of the dollar remittance bonanza that keeps the Philippine economy above water. Overseas Pinoys feel they owe a debt of gratitude to their parents and relatives, which they must repay with financial support.

Gratitude is also the glue that keeps the extended family intact, and the reason why Filipino parents need not worry about saving up for retirement, the way senior citizens in America do. We feel we owe it to our parents to take care of them in their old age. Because American children are left on their own upon reaching the age of maturity, they don’t consider themselves as indebted to their parents as Pinoys are.

Unfortunately, this virtue of gratitude also happens to be one of the most formidable obstacles that Noynoy Aquino must overcome if he is to fulfill his vow to rid our country of corruption.
In many cases, there will be no win-win option for him. In order to pin down and convict some of the culprits, he may have to be ungrateful or disloyal to them. Even his own relatives may not like him for it.

Gratitude is one of the main causes of corruption in our country. We are grateful to a fault. We feel compelled to repay a debt of gratitude, whether right or wrong. For good or ill.

Take it from Clarita Garcia, wife of accused multi-million peso plunderer, Maj. Gen. Carlos Garcia (who is probably “very grateful” to certain quarters in the office of the Ombudsman for a controversial sweetheart plea bargain).

In explaining to U.S. authorities the unexplainable wealth amassed by her husband, she stated, quite candidly: “My husband… receives gifts and gratitude money from several Philippine companies that are awarded military contracts to build roads, bridges and military housing….my husband is the final signature for funding the contracts…My husband will always thank the person that provides the gratitude. If someone stops by the house with a gift or gratitude, my husband insists that their name and telephone number be taken so they may be called and personally thanked.”

“Gratitude money” may sound like a less vulgar way to describe a bribe, certainly more innocent sounding than “kickback” or “padulas” or “lagay.” But it’s just as destructive.

Despite all the vows of Noynoy Aquino and his fellow “reformers” to “go after the crooks” and to “clean up the bureaucracy,” the harsh reality is that the culture of gratitude will likely prevail. It is simply against the nature of the Pinoy to be ungrateful.

Indeed, a Chain of Gratitude links nearly sector of Philippine society and of government, influencing the way decisions are made, contracts are awarded, the law is enforced and alliances are sealed.

Civil servants owe their jobs to a padrino who is either a politician, a local official or a very influential businessman. So, why shouldn’t they show their gratitude by giving them special treatment?

Jueteng lords are grateful to local officials and police authorities for their unhampered operations. The officials are, in turn, grateful to the gambling lords for their wealth and their profligate lifestyle.

Princes of the church are grateful to politicians for their patronage. Parish priests are grateful to gambling lords for their donations. The politicians and gambling lords are, in turn, grateful to the church officials for their prayers and blessings.

Politicians are grateful to their big business financiers for their campaign funds. The financiers are, turn, grateful to the politicians for the public works contracts and for bending the law and the rules in their favor.

Businesses are grateful to the BIR and customs officials for the growth of their enterprises and their huge savings in taxes. The officials are, in turn, grateful to the businessmen for the payoffs.

The Game of Gratitude operates above the law, under the law and around the law. Everything is possible, allowable and negotiable in the name of gratitude. In fact, one does not even need to directly owe somebody in order to express appropriate gratitude. In our system of compadres, ninongs, ninangs, kamag-anaks, kaklase, ka-propesyon and ka-shooting range partner, we have the equivalent of America’s Old Boy network.

It is pervasive. And because it is so effective, the process of establishing a Chain of Gratitude doesn’t happen by accident. It is done according to a grand design. Through intermarriage. Business partnerships. Political alliances. Wedding and baptismal sponsorships. Golf club memberships. And even religious affiliations.

Of course, the fastest way to gain other people’s gratitude is with loads of money. Gratitude can always be bought. For instance, the members of Congress are grateful to the president for approving their pork barrel allocations. The president, on the other hand, is grateful to the solons for their cooperation and support.

The most grateful was Gloria Macapagal-Arroyo, who was spared several impeachment attempts with the support of a grateful House of Representatives.

But in our culture, money isn’t the only factor that strengthens the Chain of Gratitude. Once a relationship is established, the mutually beneficial relationship becomes personal and intimate, and so does the corresponding gratitude that comes with it.

Thus, it is considered an act of treachery for one to allow his loyalty to be bought by a higher bidder. The debt of gratitude to the original benefactor is often stronger than the lure of cash.
Gratitude also influences the perception of right and wrong. In our culture, it is sometimes more right to break or bend the law than to allow the arrest or conviction of someone to whom a debt of gratitude is owed.

And, of course, there are always ways of rationalizing the way the law is bent or interpreted or even misinterpreted.

This brings us to the series of decisions that the members of the Supreme Court have rendered that appear to favor their benefactor, Gloria Macapagal-Arroyo.

Are the justices of the Supreme Court simply being grateful? And isn’t it the right thing to do?

After all, how can a Supreme Court justice bear the shame of being dubbed “Ingrato”?

(gregmacabenta@hotmail.com)

FRMO THE CAPITOL: Better Healthcare for California

2010-07-08T11:30:00.000-07:00

BY SENATOR LELAND YEE

Last week in Sacramento, the Assembly Business and Professions Committee approved two public health bills that I authored, Senate Bills 1106 and 1029.

On a 6-4 vote, the committee approved SB 1106 to require sample prescription drugs received at a doctor’s offices to be accompanied with written information regarding the drugs similar to what is normally received at a pharmacy.

It is vital that consumers receive written information regarding dosage and potential side effects on sample drugs. This bill will reduce lawsuits, illnesses, and deaths. Because these sample drugs are often dispensed to low-income families who may not have insurance to cover the costs of prescriptions at pharmacies, the poor are disproportionately affected by this inequity in law. All families, especially children, deserve and need this vital information, whether they are getting medicines from a pharmacy or their doctor’s office.

A study conducted by the Journal of Family Practice found that instructions accompanied the dispensing of sample drugs only 47.8 percent of the time and were predominantly verbal in nature.

The study states, “Dosing appeared to be the main focus, and little to no attention was given to more detailed information, such as whether the medication should be taken with meals. Drug interactions were not routinely discussed.”

Manufacturers regard samples as a promotional tool. Pfizer alone dispensed 101 million samples worth $2.7 billion in 2007, according to the company. Merck dispensed 39 million samples worth about $356 million; Eli Lilly, 33 million worth $67 million; Wyeth, 52 million worth $64 million; Baxter International, 33,000 worth $7 million and Abbott Laboratories 16 million worth $32 million.

In 2006, the National Academies’ Institute of Medicine reported that medication errors injure 1.5 million people annually. The report addressed labeling of prescription drugs and found that there has been a growing unease among health care providers and others about the way free samples are distributed, the lack of documentation of medication use, as well as the bypassing of drug interaction checks and counseling that are integral parts of the standard prescription process when received through a pharmacy.

On a 6-2 vote, the committee also approved SB 1029 to allow pharmacies throughout California to sell up to 30 sterile syringes to an adult without a prescription. SB 1029 is supported by doctors, pharmacists, and AIDS prevention advocates.

California is one of only three states that still prohibits pharmacists from selling a syringe without a prescription. Most states amended their laws in light of overwhelming evidence that criminalizing access to sterile syringes led drug users to share used ones, and that sharing syringes spread HIV, hepatitis B, hepatitis C and other blood-borne diseases that can live in a used syringe.

This is an effective public health measure which is proven to reduce health care costs to taxpayers. It is a moral and fiscal imperative that this bill becomes law. Access to sterile syringes is a vital component of a comprehensive strategy to combat HIV and hepatitis. This approach has been evaluated extensively throughout the world and has been found to significantly reduce rates of HIV and hepatitis without contributing to any increase in drug use, drug injection, crime or unsafe discard of syringes.

In 2004, Governor Arnold Schwarzenegger signed legislation to create a five-year pilot program to evaluate the safety and efficacy of allowing adults to purchase and possess a limited number of syringes for personal use. Under the pilot program pharmacies in Los Angeles County, the Bay Area and some other parts of the state have been allowed to sell syringes. This bill would extend the sunset and allow all pharmacists throughout the state with the discretion to sell sterile syringes without a prescription. SB 1106 and SB 1029 are key bills that will better the healthcare system for many Californians. Both bills will next be considered by the Assembly Appropriations Committee.

NO LIMITATIONS: Notes on President Noynoy’s Inaugural

2010-07-08T11:28:00.000-07:00

BY TED LAGUATAN

Manila, Philippines. The US Pinoy delegates were understandably as excited as young children on a field trip. They got a special group invitation to the inaugural for having supported President Noynoy in the US. I chose not to go. I figured I could see more on TV. I also wanted to avoid the fierce mid-day Philippine heat. I caught up with the US Pinoys that evening in the inaugural celebration at Sofitel (formerly Philippine Plaza) Hotel.

“We were soaked with sweat. We did not expect it to be so incredibly hot!” they complained.
“Well, at least you’re now a part of history.” I half seriously answered.

It is unusually hot in the Philippines these days. Maybe former Vice President Al Gore, apostle of global warming who was recently here, brought the overpowering heat with him as a prop and accidentally left it.

Even President Noynoy and Vice President Jejomar Binay, were continuously wiping the sweat of their brows when I was watching them on TV during the ceremonies.

About half a million people attended. Despite the heat, there were smiles all around – reflecting the nation’s mood and thoughts: the end of a corrupt administration and hopes for a better government and a better life for Filipinos. The TV cameras showed one flashed image that stood out in my mind – a very pretty young woman in yellow hugging with perfect ease a small child also wearing yellow close to her breast and holding a yellow umbrella with her right hand which protected both from the sun - gracefully and slowly swaying in rhythm with the music being played on stage. Beautifully surreal - like a Madonna and Child painting. She looked so beatifically cool not showing any signs of being affected by the intense heat - happiness reflected on her face.

------o------

Protocol required the appearance of outgoing president Gloria Macapagal Arroyo. Her role was to ride in the same car as President Noynoy to the grandstand, do a final review of the representatives of the different military branches, salute and walk to a waiting car that would take her away. I couldn’t help but feel sorry for her as people booed, some shouting “Go away.” or “Sulong.” (“scram”)___as soon as they saw her and until she boarded the takeaway car.

I wondered how she felt when she heard those words. Does she still feel anything? Guilt? Shame? Or has she armored herself against these feelings? “They’re just envious of me because I had the guts to do what they could not.”; “I’ve got more money than they, who cares what they think?”; “Wait until I become Prime Minister.” Did she have these thoughts as people booed her?

I also felt sorry for the country because Arroyo had so much opportunity to do good but is now perceived instead as having enriched herself and her husband through corruption. She even sought to stay in power for the sake of being in power – even showing scorn and bad faith by making numerous midnight appointments and leaving government coffers empty. She says “Let history judge me.” It is not history which will judge her. Even history can be manipulated. It is God who will judge her. But I never lose hope in human beings. Hopefully, she finds a way to redeem herself by doing some really good things for her fellow human beings.

------o------

One other reason I decided to watch on TV aside from avoiding the hellish heat - was to observe the eyes, facial expressions and gestures of President Noynoy as he delivered his inaugural speech and listen carefully to ascertain whether or not his tone and manner of speaking and voice inflections indicated a sincere belief in what he was saying. I know I could observe better watching on TV as the cameras usually zooms on a speaker’s face. They did.

Having been a trial lawyer for many years, I have developed a very good sense of how sincerely a person believes in what he is saying. Politicians or their speech writers can easily compose lines that they know their audience wants to hear. But whether or not they really believe in what they are saying is another matter.

“I will not be able to face my parents and you who have brought me here if I do not fulfill the promises I made.”

“My parents expect nothing less, died for nothing less than democracy and peace. I am blessed by this legacy. I will carry this torch forward.”

I watched the expressions on the president’s face as he said these words, watched his eyes become teary and noted his gestures, tone of voice and inflections. There was no doubt in my mind that he sincerely meant what he was saying.

----o----

Shortly after his speech, the child of destiny headed for Malacanang riding alone at the back of a black Mercedes? What thoughts may have crossed his mind on the way to the palace?

Lining the streets along the way were huge yellow banners one after the other bearing either the portrait of his mother or father with the words “Salamat po.” (“Thank you.”). Surely, thoughts of his martyred father and his late president mother entered his mind and he must have shed a tear or two as he passed and saw these banners: “I have just been sworn as President and without the two of you, this would not have happened.”

As he rode farther away from the inaugural site, he must have viewed the usual scenes of everyday life along Manila’s streets: homeless raggedly dressed families here and there living under shady trees, ordinary people walking along the sidewalks, beggars, cigarette vendors, sidewalk peddlers, tricycles, “karitons” (wooden push carts), small shops, students in uniforms, policemen directing traffic.

A deeply religious man like his mother, he must have prayed: “Lord, can I really bear the heavy burden of serving all of my people. I will surely need your help.”

------o------

The next day, during the conference at Sofitel titled “Overseas Filipinos for Good Governance” we received a call from Malacanang that the President would see us at 3 P.M. Tour buses took our 170 or so delegates and family members or guests to the palace - some seeing it for the first time. We were brought to the main receiving room and served juices, small sandwiches and some picka pickas. As soon as the President appeared, the delegates were like Elvis fans trying to get close to their idol. I watched from the back quite amused at the shoving, pushing and positioning. I’ve watched similar phenomena many times including watching supporters and admirers shoving and pushing to get close to Noynoy’s mother Cory when she was newly installed in Malacanang.

The protocol officer announced that the president welcomed having pictures taken with the group. The group was too big so that it had to be split into several groups. More intense pushing and shoving as so many wanted to be pictured close to the president. A short woman, about 4’10 was shrieking: “I won’t be seen! I won’t be seen!” as taller people covered her from the photographers. President Noynoy heard her as she was close enough and pulled her saying: “Halika, ditto ka sa harap ko.” (“Come, stay in front of me.”) She was jumping with joy after___ smiling as if she hit the jackpot. Not inclined to push and shove, I opted out from the photo ops and instead talked to the palace waiters and servers. Some had been there for as long as the nine years plus term of ex-President Arroyo and hoped that they would not be fired. I do not think that they will be except maybe for a few for understandable security reasons.

The happy group went back to the buses – each with his own story to tell. One woman tripped in her rush to get near the president and was sad that she did not get to speak to him. Another triumphantly declared that the president recognized him. Still another was proudly showing the signature of Noynoy that she got him to sign. The happiest of all was the 4’10 woman.

Atty. Laguatan is one of a few lawyers whose expertise in immigration law is officially certified by the California State Bar. He also does accident injuries and wrongful death cases. For communications: 455 Hickey Blvd., Ste. 516, Daly City, California 94015 or 101 California St. Suite 2450, San Francisco, California 94111. Tel 650 991-1154. Fax 650 991 1186. Email laguatanlaw@gmail.com

STREET TALK: Walking the Talk

2010-07-08T11:26:00.000-07:00

BY GREG MACABENTA

A large delegation of overseas Filipinos, mostly from America, attended the inauguration of President Noynoy Aquino (I still have to get used to referring to him as P-Noy, but then, I never referred to Gloria Macapagal-Arroyo as GMA). These were the same people who organized a volunteer group called US Pinoys for Noynoy-Mar or USP4NM, and actively campaigned for the LP team, raising funds, holding town hall meetings, calling up relatives in the Philippines, getting out the overseas votes and watching the canvassing at their respective Philippine consulates to ensure an honest count.

Having helped Noynoy win, these Pinoys, spurred mainly by love for the Motherland, want to help him succeed. For this reason, they decided to transform their informal group into an instrument for good governance. In Manila, they converted USP4NM into an organization called Overseas Filipinos for Good Governance.

The sparkplugs of this idealistic undertaking are former chair of TLC Beatrice International, Loida Nicolas-Lewis; San Francisco community leaders Rodel Rodis, Ted Laguatan and Charito Benipayo; Northern California businessmen Rolland Baldo and Mike Macapagal; and Southern California USP4NM convenors, Wally Reyes and Rocio Nuyda. There are many other formidable personalities in the delegation: Dr. Philip Chua of Chicago, Gus and Ethel Mercado of Texas, Ninoy Aquino Movement originals Gloria Navarrete and Fred Aquitania; Professor Gil Ramos of New Jersey; and delegates from the United Kingdom, Australia, Canada, and Saipan.

For two days, on July 1 and 2, they will hold a conference at the Sofitel Hotel to get formally organized, meet with government officials, businessmnen, leaders of civil society and Manila media, and discuss the ways by which they hope to contribute meaningfully to the success of the incoming administration. Being a loyal camp follower, I have fflew in with the group and spoke at the conference, as well as acted as moderator in a panel of key media practitioners.

Expectedly, everyone is gung ho, afire with fervor, ready to charge into the fray, and willing to devote time, talent and treasure to the cause of good governance. Of course, there are the usual cynics and kibitzers who are betting that all of that rah-rah-rah and sish-boom-bah will soon fade into a whimper after the novelty of the electoral triumph has worn off and the harsh realities begin to set in. That, according to the cynics, will be just about the time that the new president will wake up to the fact that delivering on his campaign promises is a verrrrrrry tall order. Indeed, after decades of mismanagement, official abuse and incompetence, turning our hapless country around is easier said than done.

But, just as the Filipino people have placed a lot of hope on P-Noy, I have a lot of faith in the people behind this good governance group. They certainly are not lacking in sincerity and determination. Most of them also belong to the same Quixotic bunch that decided, some 13 years ago, to set up a national organization that would work to achieve socio-economic and political empowerment for Filipinos in America, something considered an "impossible dream." But, against daunting odds, the National Federation of Filipino American Associations (NaFFAA) was born, it has survived and it has won some modest triumphs on the road to that difficult goal of empowerment.

While there was a moderate dose of unsolicited advice for P-Noy coming out of the conference, some of them bordering on the presumptuous, there are, in fact, many things that can be done by both overseas Filipinos and the average Filipino citizen. Alex Lacson's best-seller, "12 Little Things Every Filipino Can Do To Help Our Country," is a good starting point (too bad, Alex would have made a considerably better senator than some of the dolts and goldbrickers who won).

Of course, Alex's suggestions are the basics. There are problems that require more aggressive measures, beyond simply being a good citizen. The times call for more activism, for more direct action, for being Good Governance Vigilantes.

No amount of sermonizing will solve the cancer of corruption and convert people who have grown filthy rich from breaking the law. In Tagalog, they call that santong dasalan (persuasion). What is needed is santong paspasan (punitive action).

The new government has vowed to go after the crooks and criminals of the Arroyo era, including Gloria Macapagal-Arroyo herself. That is well and good. Throwing some big names in jail should put the fear of God in the political, business and criminal syndicates that hold this country hostage. But that's dealing with the past. What needs to be done is to create an environment in which prospective bribe-takers, extortionists, swindlers and crooks, including those in judicial robes, are confronted by the imminent threat of public exposure.

In addition to a media community that has become increasingly vigilant (but still needs to do much more), ordinary citizens can play a key role in holding public officials accountable. In this high-tech age, with everyone owning a smart phone-cum-video-audio-recorder-camera, catching an extortionist and a bribe-taker redhanded and exposing proof of ill-gotten wealth, like the unexplained US residence of presidential son, Mikey Arroyo, is the easiest thing to do. The incriminating materials can be loaded on YouTube or FaceBook anonymously and exhibited to the entire country and the world. This is the closest approximation of The Sting, an effective device in the American justice system that has succeeded in catching thieving politicians and government officials en flagrante.

Of course, it follows that those in the office of the Ombudsman who cannot recognize a criminal act if it bites them on the nose, should first be impeached.

That's the punitive part. There are many positive things that all of us can do. We only need to be inspired by Tony Meloto and the miracle of Gawad Kalinga. Or the decades of dedicated work by the American couple, Dan and Nancy Harrington of Books for the Barrios, that has seen tons of books delivered to the poorest schools in the most remote corners of the archipelago. Or the ambitious project called GILAS, supported by Globe Telecom and Smart, which would provide Internet access to all the public schools in the country. Or the annual medical missions from America, mounted by Filipino doctors who have not forgotten that they owe much to the Motherland.

In America, a great deal can be done by FilAms who care for the country. Promoting the Philippines as a tourist destination is the easiest thing to do - provided that we also take responsibility for making our tourist spots clean, presentable and safe.
FilAms can also do much to promote Philippine interests in Washington DC. A few days ago, Loida Nicolas-Lewis led a delegation to meet with Senators Charles Schumer and Kristen Gillibrand on Capitol Hill to appeal a plan of Schumer to file a bill that would tax call centers established overseas by US companies. If this passes, call center operations in the Philippines will be badly hit.

For years, a coalition of FilAm organizations lobbied the White House and Capitol Hill for the passage of the veterans equity bill. A $98 million benefits package was finally signed by President Barack Obama on his first year in office due to these efforts. Recently, the Philippine embassy called on the FilAm community to write to their congressmen and senators to ask for support of the SAVE Bill that will benefit the Philippine garment industry.

In the final analysis, however, the most meaningful way that we can help create a New Philippines is by committing to create a New Filipino. This brings us back to what Alex Lacson has suggested. To achieve meaningful change, we must begin with ourselves. We cannot ask others to change unless we, ourselves, are willing to do it.

This is something that I have written about in the past. Whenever I am asked how stealing can be reduced, my response is simple: "Don't steal. I don't. That's two less thieves." Someone paraphrased it for me: "Don't break the law. I don't. That's two less lawbreakers."
Of course, like the promise to end corruption, following the law to the letter is easier said than done.

Back in the early 70's, as a senior vice-president of Advertising & Marketing Associates in Manila, I was told to enforce a policy that penalized three instances of tardiness with suspension without pay. Told that this applied even to managers, I protested. I pointed out that managers did not charge overtime and worked even on weekends. But HRD insisted that rules were rules and had to be enforced without exception. Three vice-presidents were short-listed for suspension. But before I threw the book at them, I decided to check my own attendance record. As it turned out, I was as guilty as they.

Faced with this fact, I decided to write a memo to myself, suspending me for three days without pay. When my boss asked me what I was doing, I replied that I was simply enforcing policy.
When I suspended the VPs, along with myself, they accepted it without a complaint. The unreasonable policy was subsequently stricken off.

Do we, as a people, deserve the change that we are asking President Noynoy Aquino to institute? Only if we have the will to demand it of ourselves.

There's a saying in America that sums up what we need to do, if we really want to help this new government to succeed. We shouldn't simply talk the talk. We must be willing to walk the walk.
Even if it hurts.

(gregmacabenta@hotmail.com)

NO LIMITATIONS: Beautiful San Francisco – Pinoy Heaven

2010-06-02T10:24:00.000-07:00

By Atty Ted Laguatan

San Francisco, California. When former USSR Head of State Mikhail Gorbachev visited the San Francisco Bay Area – half seriously, he said “Residents here should pay higher taxes because this place is so beautiful and pleasant.” I absolutely agree as to the “beautiful and pleasant” part. The “higher taxes” part let’s just skip.

Allow me to do some bragging. I have travelled the world: Rome, Paris, Geneva, London, Brussels, Bonn, Rio, Buenos Aires, Tokyo, Seoul, Prague, Madrid New York, etc., etc. – but as crooned by Tony Bennett - my heart is in San Francisco. It’s also in Manila where I was born and in Quezon City where I spent my earlier years and went to college and in Makati where I also now have a residence.

Hills, mountains, ocean, quiet lonely beaches, redwood forests with the oldest living trees in the planet, clean air, clear blue skies and starry nights – these I love so much. Add cool Baguio-like weather during summers and mild no snow winters. Even the occasional fog which is not pea-soup thick like London’s brings a romantic aura to this incredible “city by the bay”. One cannot find a greater racial and cultural diversity than in this area where great Universities like Stanford, University of San Francisco and Santa Clara, University of California – have student populations that are half non-Caucasians and predominantly Asian. Here also are great museums, fabulous swimming pool -sized public aquariums featuring sharks and giant fishes, an excellent zoo stacked with the world’s exotic animals , sports arenas, modern computerized libraries and America’s computer technology center called Silicon Valley.

A couple of hours away East is Napa Valley, wine country where the wines produced compare with Europe’s best. Another two hours farther is Reno, a world-renowned gaming and entertainment center and the nearby scenic resort town of Lake Tahoe surrounded by majestic snow capped mountains. A couple of hours away South is Monterey’s famous “17 Mile Drive” which snakes along the Pacific Coastline with beautiful views and featuring the legendary Pebble Beach golf course and fabulous homes of the rich and famous including that of “Dirty Harry” Clint Eastwood.

I moved to San Francisco from Chicago in January 1975 – not knowing what to do with my life. Three years earlier, 1972 - martial law was declared in the Philippines and I could not return home after some studies in Chicago. I was stuck. Three years later, the dictatorship was even more formidably in place. I had already gotten married and now had a one year old boy and a one month old girl. I did not want to get stuck in Chicago’s concrete jungles, its extreme cold and extreme heat weather and pervasive mafia culture . This is not to say that Chicago does not have good qualities because it does. I met many good people there.

The move to California was truly a “bahala na Diyos” (“take a chance”) decision as I and my young wife hardly knew anybody here and had little money in our pockets. Fortunately my wife is a registered nurse and immediately got a job at Stanford University Medical Center. We were bone poor living on a tightly budgeted income – oh but how happy we were arriving in such a beautiful setting with our two little babies. I’ve never equated happiness with money – even if it sometimes helps. I couldn’t get much of a job with a Bachelor’s degree in Public Administration from UP .

I really did not know what I would do when I arrived in the San Francisco area. My only guide was to be true to my Center. I discovered a quiet place across the Golden Gate bridge and directly below it where I could fish and do some crabbing and be in solitude and refer the question of what to do with my life to a Higher Power – my Center. In this special quiet place where I had a great view of the bridge and heard the lonely foghorns of ships coming and going – I spent long hours sometimes until 4 o’clock in the morning by myself – well not really, I felt my Center was always with me. I caught dozens of Dungeness and red crabs – no legal catch limits yet at that time. I also caught flounder, snapper, shark and other kinds of fish. I caught so much there was no more room in our freezer – so I often just gave my catch to neighbors. It was here that I made the final decision to go to law school – but where would I get the money involving thousands of dollars? Again, “bahala na ang Diyos” and by a miracle, I got to law school – but that’s another story.

Hundreds of thousands of Filipinos live in the San Francisco – enjoying all the bounties of the land and the culture. Not only are practically all Filipino foods available here including vegetables and fruits like Mexican grown Philippine Carabao mango - but also the delicious foods of the rest of the world. The finest authentic Chinese, Japanese, Thai, Vietnamese, Korean, Italian, French and of course Filipino and American steak restaurants are found here.

San Francisco was the center of activism against the Marcos dictatorship. It continues to be the center of political activities relating to Philippine affairs.

Yes – San Francisco is now home – just like the Philippines. A pinoy heaven on earth. I love it.
Note: Atty. Laguatan is officially certified by the California State Bar as an expert/specialist lawyer. He is rated by a lawyer’s magazine as among the best five percent of lawyers in America. For communications: 455 Hickey Blvd. Ste. 516, Daly City, Ca 94015 or 101 California St., San Francisco, Ca 94111. Tel 650 991-1154 Fax 650 991-1186 Email laguatanlaw@gmail.com

FROM THE CAPITOL: International Violence Against Women Act

2010-06-02T10:23:00.000-07:00

By Senator Leland Yee

The International Violence Against Women Act (IVAWA), currently pending in US Congress, would task the US Agency for International Development and the Department of State to develop strategies and direct resources to prevent and respond to violence against women and girls throughout the world. The Act would include collecting data and conducting research about violence prevention efforts, enhance training of military and police forces on violence against women, and authorize $5,000,000 to support the United Nations’ efforts to eliminate violence against women.
This is why I have authored Senate Joint Resolution 24 urging Congress to pass IVAWA. Violence against women is rooted in many causes and takes many forms throughout all parts of the world. It is imperative that while we attempt to end violence against women in our own communities, we support global efforts to combat this injustice everywhere. SJR 24 will send a very clear message to Washington: ending and preventing violence against women should be a priority of our foreign policy.

According to the World Health Organization, approximately one in three women in the world will experience violence in her lifetime, and one in five of the women in the world will be the victim of rape or attempted rape. A United Nations study on the global AIDS epidemic found that in sub-Saharan Africa, women who are 15 to 24 years of age can be infected at rates that are up to six times higher than men of the same age.

Violence against women is an impediment to the health, opportunity, and development of not only women, but has an enormous, negative impact on the well-being of their children and the greater society. Violence against women impoverishes women, their families, their communities and nations. It lowers economic production, drains resources from public services and employers, and reduces human capital formation.

Greater gender equality has been proved to lead to improved nutrition, lower child mortality, less government corruption, higher productivity, and reduced HIV infection rates. Increased access to economic opportunities is crucial to the prevention of and response to domestic and sexual violence. Campaigns to change social norms, including community organizing, media campaigns, and efforts to engage and educate men and boys, have been shown to change attitudes that condone and tolerate violence against women and girls and reduce violence and abuse.

According to the United States Agency for International Development (USAID): 70 percent of people worldwide living in poverty are women and children, two-thirds of the illiterate adults in the world are women, two-thirds of school-aged children who are not in school are girls, more than three-quarters of the refugees in the world are women and children, and 1,600 women die unnecessarily every day during pregnancy and childbirth.

In addition to SJR 24, I have introduced two additional bills to assist victims of domestic violence. SB 662 would increase marriage license fees by $10 to provide an additional $2.5 million to $5 million annually for domestic violence shelters. SB 782 would prevent landlords from unfairly evicting victims of domestic violence or sexual assault.

I am also leading a statewide effort, called the “White Ribbon Campaign,” for men to speak out against violence against women. Individuals interested in joining the White Ribbon Campaign are encouraged to visit my website at www.senate.ca.gov/yee.

STREET TALK: The work hasn’t even begun

2010-06-02T10:22:00.000-07:00

By Greg Macabenta

If we are to believe the pundits, the manipulators and the masters of intrigue, President-elect Noynoy Aquino is already mired in a quicksand of conflict within his camp – the result of victorious allies now turning on each other instead of on the enemy.

We are reading column items written by folks who used to concentrate their firepower on the Manny Villars and the Erap Estradas, now heaping unflattering adjectives on erstwhile allies. Of course, this is not surprising. Allies are often glued together by the fact that they have a common enemy. But when that enemy is vanquished, their latent animosity emerges and they turn on each other.

One reason is the cliff-hanger vice-presidential contest. This is understandable. The stakes are high and the contenders have invested considerable resources to win the prize. You can't stop people from taking sides. Nasty language is to be expected, no matter how civil those involved may want to portray themselves.

But there are other stakes involved, most of all, the welfare of the country. The contenders and their supporters should not forget that. Their work has not even begun. Infighting will impair their ability to do a good job. And their enemies would like nothing better than to see them fail.
The other reason is the reported fight over turf and the spoils. This is normal. In the aftermath of any conflict, there will be spoils. Not wanting to partake of them takes a great deal of self-control and a capacity for abstinence.

After World War II, with Hitler vanquished, the allies immediately engaged in a struggle over turf and spoils. Among other things, this resulted in the partitioning of Germany.
But, given this reality, there is every reason to believe that the various factions in the Aquino-Roxas camp have the capacity to set aside their differences and focus on the task at hand. After all, while the battle for the presidency has been won, the war against poverty and corruption stilll has to be fought, and the struggle to arrest the erosion of the values, resources and the future of the country still has to be undertaken.
Wasn’t this what brought these diverse factions together, in the first place? Aren’t they duty-bound to pursue their avowed mission?

I’m reminded of our efforts to ensure the proper observance in the US of the first centennial of the declaration of Philippine independence on June 12, 1996. In many cities, we had to deal with the problem of rival community organizations competing with each other for the most meaningful and most impressive commemoration of the historic event.

Because I was a pro bono deputy executive director for the US of the commission, I was caught in the middle of some of these conflicts. In one instance, I was asked to join Consul General Josue Villa in mediating one such dispute between two FilAm federations in Las Vegas over the conflicting schedule of activities that the two groups were lining up.

Addressing the rivals, I said that theirs was not an unusual case. I pointed out that during the Philippine revolution, the Katipunan had two factions, the Magdalo of Gen. Emilio Aguinaldo, and the Magdiwang, which supported Supremo Andres Bonifacio.

But both factions acknowledged that they were fighting for the same cause, liberty, and against a common enemy, Spain. And they realized that the only way to defeat the enemy and achieve their goal was to fight alongside each other, despite their rivalry.

“That’s all I ask of you,” I concluded. “You don’t have to like each other. You just need to be willing to work with each other to ensure a successful centennial celebration.”
I reminded them that success would enhance the image and prestige of the FilAm community in Las Vegas and failure would embarrass them all.
After my remarks, the leader of one federation stood up and declared, “I don’t like them, but I’m willing to work with them.”
Not to be outdone, the head of the other federation also spoke up. “We don’t like you either, but we’re willing to work with you.”

Having said that, the two groups sat down to reconstitute the centennial festival committees, making sure that each group had a significant role in the event. The result was a very successful commemoration of the centennial in Las Vegas, with both groups sharing in the credit.

I guess, the same could be said to the groups in the Aquino-Roxas camp who are rumored to be competing and intriguing against each other. I say, “rumored,” because, having spent my younger years in showbusiness, as a reporter and as a movie insider, I know that molehills tend to grow into mountains as word is passed on from ear to ear. Often, the intrigue is fanned by the “alalays” or the underlings, eager to score brownie points with their bosses.

Some people relish the intrigue, and don’t allow facts to get in the way of their fiction. But it would be a mistake to ignore the normal conflicts that are part of the aftermath of an election campaign, where there are winners and there are losers and where there are those who still are uncertain if they have won or lost.

For sure, people are jockeying for media mileage, whether belonging to the Jojo Binay camp or to that of Mar Roxas. Some folks are firm believers that perception is reality and the stronger they can create the perception, the greater the possibility that reality will follow.

And yet the reality is what will result from the canvass that the Congress will hold. Whatever perceptions are being developed by publicists and media allies, the harsh reality of a winner and a loser will eventuality dawn on everyone.

But none of that should detract from another harsh reality, which is that the real war has not yet been won, the struggle isn’t over, the promises haven’t been fulfilled, in fact, the work has not yet begun, and everyone involved in making those promises and raising the expectations of the Filipino people have a moral responsibility to deliver on their promises, whatever their loyalties, agendas or personal feelings.

In other words, whether they like each other or not, they all agreed at the outset to address a common challenge, they vowed to carry a common burden, they made loud and solemn promises to millions in this country, and they are duty-bound to make good on those promises. Otherwise, their credibility will be suffer.
But the only way they can succeed is to agree to work with each other, whether they like each other or not.

The only way they can help Noynoy Aquino to succeed is by agreeing to carry their part of the load, even if they dislike some of those who are sharing the burden. It will take some degree of heroism and nobility on their part. Setting aside selfish interests for the greater good is easy to say but not easy to do. Yet it can be done.
Wasn’t it Ninoy Aquino who declared that the Filipino is worth dying for? For that, he gave up his life.
Surely, it’s so much easier giving up personal agendas and personal loyalties than giving up one’s life.
(gregmacabenta@hotmail.com)

FROM THE CAPITOL: Protect public higher education

2010-05-18T14:19:00.001-07:00

By Senator Leland Yee

After over a month of denying that they had even a single document pertaining to the upcoming controversial visit by Sarah Palin, California State University Stanislaus officials are now offering to disclose “800 or 900” documents about the event, according to a report published in California Watch - a project of the Center for Investigative Reporting.

As chair of the Select Committee on Open Meetings and Public Record Laws, the latest revelation has prompted me to demand CSU Chancellor Charles Reed hold the campus administration at Stanislaus accountable.

The CSU administration has completely violated the public trust and California law. Chancellor Reed should immediately take action to hold these administrators accountable. It should not take an Attorney General investigation and a lawsuit from a nonprofit for the CSU to do the right thing. How many more scandals do we need at CSU before Chancellor Reed takes some responsibility?

On March 31, together with Californians Aware, made public record requests asking the university to disclose Palin’s speaking contract as well as any other documents pertaining to her visit.

On April 6, the Campus Compliance Officer responded with, “The University has no documents that are responsive to your request.”
My office, however, acquired an email correspondence dated March 29 from the Vice President for University Advancement who was attempting to justify the Palin event to other campus administrators and faculty members.

On April 9, CSU student Ashli Briggs was informed that suspicious activity (specifically, document purging) was taking place within the administration building. After seeing several administrators’ cars in the parking lot on the university’s scheduled furlough day, Alicia Lewis and other students found several public documents in a campus dumpster.
Many of the public documents were shredded, presumably by university personnel. Among the intact documents were financial statements, university spreadsheets, and staff assignments, as well as pages 4 through 9 of the Palin contract, which showed her visit requirements include a hotel suite, first class airfare or a private Lear jet, pre-screened questions, and “bendable straws.”

The series of events spurred Attorney General Jerry Brown to launch a formal investigation and Californians Aware to file a lawsuit in Superior Court.

While publicly denying that the university had documents pertaining to the Palin visit, CSU Stanislaus President Hamid Shirvani falsely asserted that foundation documents were not subject to the California Public Records Act, even if the administration had possession of such documents. A 2001 court case involving a foundation at Fresno State University completely contradicts such a claim. The Superior Court ruling specifically requires foundation documents to be made public when they are in possession of the university itself.

Shirvani also falsely claims that the foundation’s work is completely funded by private donations when in fact the CSU Stanislaus Foundation is entirely located within the public university using taxpayer-funded administrators, employees, and resources.

There is not a fine line or even a blurry line between the foundation and the public university; there is absolutely no line. While students are suffering, it is unfair that top executives at CSU Stanislaus are wasting precious dollars on legal costs and cover-ups.

For many students, the cost to attend college does not come easy. There are those who work two jobs to pay for college expenses, and support their families at the same time. Student fee increases alongside cuts to department and classes force students to enroll in the CSU system longer than the typical four-year completion time. The CSU system is also laying off workers to balance their budgets. In a system of higher learning where Asian-Americans account for more than a third of the student and worker population, we must stop the misuse of these public dollars and stop this game of charades. Protect our public education now.

NO LIMITATIONS: For now – Let’s just celebrate….

2010-05-18T14:17:00.000-07:00

By Atty. Ted Laguatan

The circumstances that led to Noynoy becoming president are God given. Had Cory lived for another year – Noynoy would not have been president. Had he not been the beloved only son of a martyr and a revered icon of democracy – and maybe if Kris had not been Kris – Noynoy would not have been president.

Child of destiny? Written in the stars? Fate? God’s will? Call it what you will – but it’s all of the above. It was meant to be that Noynoy would be president of the Philippines.
God made him president so that in out despair we would have new hope for a better Philippines – for a better future for our people. All men and women of good will must help out in this great endeavor.

It is impossible for Noynoy to succeed as president – if good people do not pitch in to help him.
To rid the government of its invasive culture of corruption alone seems an impossible task.
“BIR,” “CUSTOMS,” “Department of Public Works,” “Department of Education,” – just hearing these words alone makes us cringe. These words are synonymous with government corruption.
He also takes over an almost bankrupt government, and a Supreme Court whose members are all appointed by President Arroyo. There’s also the midnight appointees and positioned military personnel all beholden to Arroyo.

An enormous task lies ahead for the new President elect. The only thing he can be sure of is that if he is true to the ideals of his father and mother, if he lives centered on what is true and right, if he does not make deals with the devil – then good men and women will be behind him – helping him out.

For now, let’s just be happy that our worst fears did not materialize. Let’s thank God and celebrate.

-----------------o------------------

Atty. Laguatan’s legal expertise is officially certified by the California State Bar. He does immigration, personal injury, wrongful death, medical malpractice and complex litigation. He is rated as among the top 5 percent best lawyers in America by a magazine for lawyers. For communications: 455 Hickey Blvd., Ste. 516, Daly City, CA 94015; 101 California St. Ste. 2450, San Francisco, California 94111; Tel. (650) 991-1154, Fax (650)991-1186, E-mail: laguatanlaw@gmail.com

NO LIMITATONS: Philippine elections – Dark clouds ahead

2010-05-04T14:18:00.000-07:00

By Ted Lagautan

May 10, 2010 is D-day for the Philippine’s first electronically conducted elections – a historical but potentially explosive event.

Independent surveys show Presidential candidate Senator Benigno “Noynoy” Aquino Jr. ahead of his nearest rival Senator Manuel Villar by double digits. Perceived as a moral leader, the only son of the martyred Benigno Aquino and the much admired President Corazon Aquino is expected to win - but only if the votes are counted honestly. Many doubt that the government’s Commission on Elections (Comelec) which runs the elections will make him win. An anomalous 1940 constitutional provision gives the president the power to appoint Comelec’s Commissioners. As such, Comelec is as honest or dishonest as the president wants it to be. “The President owns Comelec.” say critics of the troubled system and wants it amended. “The Supreme Court acting en banc should choose the Commisioners in a blind lotto pull from a long list of qualified candidates.” says one. Great idea.

President Gloria Macapagal Arroyo has the lowest popularity and trust ratings ever of any sitting president in the nation’s history. Like the late dictator Ferdinand Marcos and his wife Imelda, she and her husband are perceived to have grossly enriched themselves through massive corruption. Her 9 ½ year presidency is marked by one scandal after another (Read “Garci”,” “Jocjoc”, “ZTE”,”Northrail-Southrail”, “Smartmatic-Sahi TIM”, “midnight appointments”, “Ampatuans”, etc.

Term limits prevent her running for re-election – but she is perceived to be secretly supporting Aquino’s nearest rival Senator Manuel Villar – the “Villaroyo” partnership. Defense Secretary Gilbert Teodoro is her party’s official candidate but is among the tailenders because of identification with Arroyo – a kiss of death. Aquino vows to prosecute Arroyo and her husband for corruption. Villar remains mum on that issue. Her presidency ends on June 30, 2010 – but she continues to fill important government positions with “midnight” appointments – including positioning loyal junior military officers in key commands.

Last March, contrary to precedent, the Arroyo controlled Supreme Court confirmed her right to appoint the next Chief Justice even if her presidency ends in a few days – causing mass protests.

The credibility-challenged Comelec remains challenged. Well respected election transparency advocates former Chief Justice Art Panganiban and computer expert ex IBM executive Gus Lagman express public concerns: The scanning mechanisms for detecting fake ballots have been disabled; Clear plastic ballot boxes have been replaced with opaque black boxes; Comelec repeatedly refuses to have the entire source code (the brains of the system) completely examined and validated to ensure no hidden addition/subtraction cheat instructions are there. Lagman and other experts suggest a parallel manual count at the precinct level: “Verifiable paper evidence of precinct totals can be compared with those at the central office which if consistent will persuade that the elections are honest.” The parallel manual count demanded by various sectors is only for the position of president - easily manageable.

Notwithstanding, Comelec rejected this demand – citing expense and delay issues. At worst, the delay is one to a few hours and the additional expense involves mostly the hiring of two more people per precinct – a small price to pay for honest elections. Comelec instead announced a partial manual count audit in some precincts. The computer experts say, “Selective honesty with some precincts proves nothing.”
Many Aquino’s supporters and independent observers expect that Arroyo’s Comelec will hand the presidency to Villar.

Arroyo may possibly have something more insidious in mind. Consider these scenarios:
Plan A. Arroyo and her Machiavellian advisers know that predictably, Aquino supporters will react and take to the streets if Comelec declares Villar as winner. Tumultuous rioting and demonstrations will follow. Some demonstrators and police will be killed or hurt. Bombs will mysteriously explode in different locations and blamed on the communists, Muslim separatists or Aquino sympathizers. Then she declares martial law on grounds of preserving peace and order. Her puppet Supreme Court affirms the legality of her declaration. She stays on as president supported by well rewarded already positioned military officers. Political enemies are arrested, given the option to join her or else imprisoned on false charges. Others are simply eliminated – kept in secret prisons or simply disappear. Journalists are bribed and the honest ones muzzled. This is simply the old Marcos formula – but the problem is that it works in the Philippine setting where more than enough mercenary politicians, journalists, military elements and even religious characters are readily utilizable. This plan is an option if Noynoy’s lead is only by a single digit. I hope and pray this scenario does not become a reality.

Filipinos desperately need the international community’s help and mass activism. Arroyo must be pressured to hold clean elections and allow a parallel manual count. Intentions to declare martial law must be discouraged. Otherwise bloody hell could break loose when the election results are out and when the smoke clears – democracy in the Philippines is no more and the world will have another oppressive military dictatorship.

Plan B. Arroyo is also running for Congresswoman in her province of Pampanga where she is a shoo-in. With all the opportunities to do so much good for the country as President for 9 ½ years which she wasted, why would she now seek a much lower position? It’s certainly naive to think that she just wants to serve the people of Pampanga. More likely than not, it’s part of an alternative plan to seek the Speakership, then move for charter change and then become Prime Minister. If Noynoy’s lead in the polls is so overwhelming that it’s clearly impossible for him to lose without being cheated by GMA’s Comelec, this is her best option. She would invite international condemnation and prolonged siege demonstrations if she continued with plan A – making it impossible to reign as a holdover President.

As of this writing, Noynoy is overwhelmingly ahead of Villar by 19 points. He will be president unless Arroyo throws all caution to the winds and proceeds with Plan A. As president, Noynoy will have a very difficult start: Arroyo has most of the Congressmen in her pockets, owns the Supreme Court, has her midnight appointees in place – and the country’s coffers are almost empty from exorbitant rushed expenditures allegedly for kickback purposes. Still, Plan B is the lesser evil. Either way – plan A or B, we have a long road ahead of us in our continued quest for a better life for all Filipinos.

Atty. Laguatan is officially certified by the California State Bar as an expert/specialist lawyer. A lawyer’s magazine rates him as among the best five percent best lawyers in America. For communications: 455 Hickey Blvd. Ste. 516, Daly City, Ca 94015, 101 California Ste. 2450, San Francisco, Ca 94015 Tel 650 991 1154,
Fax 650 991 1186 email laguatanlaw@gmail.com

FROM THE CAPITOL: Controversy Continues to Plague Universities

2010-05-04T14:17:00.000-07:00

BY Senator Leland Yee

Administrators at the University of California at Berkeley are following the lead of California State University Stanislaus executives by using taxpayer dollars to fund auxiliary organizations, which they had previously claimed were entirely self-supporting.
Despite the wildly held view that major athletic programs generate money for their colleges, UC Berkeley officials recently acknowledged that the Cal Athletics program has been operating in the red for the past few years.

As a result, over $12 million of general funds and student fees have been used to balance the budget of the fiscally unsound program.

Previously, representatives of the UC made countless claims that programs such as Intercollegiate Athletics – previously defined as an “auxiliary enterprise” – are entirely self-supporting and do not use public funds to operate. Yet in the face of tuition hikes, faculty and staff furloughs, and elimination of classes, yesterday the Daily Cal reported that UC Berkeley is now moving to designate Cal sports as a “hybrid” organization in order to allow millions of dollars in state subsidies to continue.
Recently, CSU Stanislaus claimed they had no documents or correspondence pertaining to a paid visit by Sarah Palin. Then, email correspondence by administrators regarding the visit were uncovered and students also found pages 4 through 9 of the Palin contract in the administration’s dumpster, which showed her visit requirements include a hotel suite, first class airfare or a private Lear jet, pre-screened questions, and “bendable straws.” The incident has spurred an investigation by the Attorney General, a lawsuit by Californians Aware, and several hate messages into the office of Senator Leland Yee (D-San Francisco) who had made a public records request to the University for such information.

Both UC Berkeley and CSU Stanislaus executives are displaying a shocking attitude of arrogance and indifference to the people of California. These administrations have argued against commonsense transparency and falsely claimed that they are not taxpayer-supported. When evidence emerges that suggests they are being less than truthful, they have no response. The students, faculty, and taxpayers of California deserve better than empty promises made in a transparency vacuum. Although both the CSU Stanislaus Foundation and UC Berkeley Intercollegiate Athletics (IA) program use state-funded resources like computers, staff, and office space, the situation at UC Berkeley involves direct state funded appropriations to IA. These appropriations are in direct violation of the parameters of auxiliary enterprises – defined as “services including student housing, intercollegiate athletics, food services, bookstores, and parking. Auxiliary Enterprises are self-supporting and are not subsidized by the state.”
The definition of auxiliary enterprises was developed by UC itself, and is used in California’s budget process. According to the Daily Cal, UC officials are operating as if IA was never considered an auxiliary enterprise and thus allowed continued state funding of Cal Athletics.
This is another example of one of our public universities playing ‘hide the ball’ with the public’s money. As a Berkeley grad, I want our athletics program to succeed as much as anyone, but I seriously question the university’s priorities when public dollars are flowing into auxiliaries at the same time they are turning away students and laying off workers.

As a result, student fees are increased and funding for programs are being cut. This makes it difficult for our working families to afford a college education for their children. For students who are working to pay for their college education, they are forced to stay in school longer in order to get all the classes necessary to complete their programs. It is not fair that the students are the ones suffering.

Last week, I wrote a letter to Chancellor Robert Birgeneau requesting a clear accounting of all revenues and expenditures. In arguing against legislation I introduced, Senate Bill 330, to subject campus auxiliary organizations to the California Public Records Act, UC and CSU have claimed public funds are not used in their operations.

STREET TALK: MAY ANGAL????

2010-05-04T14:16:00.000-07:00

BY Greg Macabenta

If you grew up in the streets and had to deal with a bully you may recall having been told this to your face: “May angal?” Literally: Any complaints?
If the bully was much bigger than you, and especially if he had other toughies backing him up, you simply swallowed your pride, meekly shook your head, and took whatever abuse was heaped on you.

Your only recourse was to weep in self-pity and complain to the heavens about your fate. If you were the type with some measure of braggadocio, you told your friends that you didn’t have the heart to embarrass the bully or you didn’t want to dignify his lack of manners. But deep inside you, you felt really puny, impotent and helpless. And ashamed of yourself for not fighting back.
In this country, which has deteriorated into one governed, not by laws but by people wielding raw power, we are being bullied and told to our faces:

“May angal???”

We make a lot of noises, organize marches, sign petitions, hold up placards, write letters to the media, threaten to go to court and curse the bullies to high heavens. But after so much sound and fury, the bullies in government still get away with their abuses. In fact, in a literal sense, they get away with murder.

The question is: deep inside us, how do we feel? Do we feel puny, weak, impotent, helpless and ashamed of ourselves?

But can't do much more? So far, that seems to be the case.
Gloria Macapagal-Arroyo phoned and instructed a Comelec Commissioner to ensure her victory by cheating. She was exposed. She brazened it. Garci went into hiding then reappeared. And after a lot of zarzuela in the Senate and in the media, nothing came out of the case. Garci even ran for congress. Mercifully, he lost. But Arroyo remained president.

May angal???

Jocjoc Bolante, undersecretary of agriculture, was summoned by the Senate to explain the misuse in the Arroyo presidential campaign of millions in agricultural funds. He went into hiding in the U.S., was jailed, deported to the Philippines and finally faced the Senate. But all they could extract from him were denials. Nothing has come out of the case. Now Bolante is running for governor of Capiz in the party of Manny Villar who is the no-longer-secret candidate of Arroyo.

May angal???

The chairman of the Comelec, the presidential husband and Gloria Arroyo herself were accused of complicity in the ZTE-NBM scandal that would have yielded millions of dollars in illicit profit for the conspirators. Arroyo prevented a key witness from testifying before the Senate on the excuse of executive privilege. A compliant Supreme Court backed her up. To this day, a clear case of corruption and obstruction of justice remains unresolved and unpunished.

May angal????

The Supreme Court, formerly the last recourse for those seeking justice, has told the nation to “Shut up already” and live with its decision to allow Gloria Macapagal-Arroyo to appoint the next Chief Justice. That way, Arroyo will have an even more compliant high court when she unravels her Machiavellian scheme to remain in power.

May angal????

The acting justice secretary, Alberto Agra, has decided to clear two members of the Ampatuan clan of involvement in the Maguindanao massacre, based purely on alleged alibis and discounting the testimony of a witness that the two had a hand in the planning of the killings.
The Ampatuans are electoral magicians. They can make even the most favored candidate end up with zero votes. And they can make someone like Chavit Singson number one among senatorial candidates, never mind his dismal performance everywhere else. Obviously, the Ampatuan magic will be harnessed once more in the May 10 elections.

May angal???

State prosecutors, all subordinates of Agra, led by Chief State Prosecutor Claro Arellano, have publicly protested Agra’s unilateral decision and a nationwide uproar has been raised against him. But he is standing his ground.

May angal????

The Commission on Elections has piled up more blunders than the Keystone Kops, leaving in serious doubt the efficient and honest implementation of the country’s first automated polls. To protect the integrity of the electoral process, calls have been made for a parallel manual count. IT experts, civil society, the business community, media and most of the candidates for president are demanding it. But the officials of the Comelec have rejected this recomendation, insisting that the elections will be conducted without a hitch.
That’s like saying that a car with faulty brakes, broken headlights, balding tires and a defective steering system is fit and ready for a race. But as far as the Comelec officials are concerned, it’s their way and no other way.

May angal????

The partylist system was devised to ensure representation for the disadvantaged and the under-represented. But the Arroyo dynasty does not want to let go of power. Gloria Arroyo will taking a demotion to member of congress, just to stay in power, and her son, Mikey, from whom she is grabbing the congressional seat, has decided to demote himself to security guard – more accurately, as the representative of security guards – in order to remain in Congress. Another relative claims to represent tricycle drivers. Everyone knows it’s a farce. But they’re getting away with it with the approval of the Comelec.

May angal????

Gloria Arroyo, feeling ultra-generous, decided to appoint her personal manicurist to the board of trustees of the Pag-IBIG Housing Fund and her gardener as deputy of the Luneta Park Administration. Her spokesman, Gary Olivar, justifies this as providing representation for the common people.

May Angal???

And speaking of Olivar, this fellow is a U.S. citizen, as well as a Filipino citizen. According to the law, a dual citizen who occupies a key official position in the Philippine government must renounce his foreign citizenship. Has Olivar done so? Is he breaking the law and getting away with it?
So what else is new? May angal???
And so, the elections will be held on May 10. There is every reason to fear that it will be Garcified.
May angal???
This we have to see.
(gregmacabenta@hotmail.com)

NO LIMITATIONS: “What If I'm Caught?”

2010-03-30T11:11:00.001-07:00

Julia, 43, often wakes up in the middle of the night sweating profusely. She has recurring nightmares of immigration agents running after her, catching her, handcuffing her, embarrassing her in front of friends and bringing her to jail.

An estimated 12 to 20 million illegal immigrants are in the United States. Julie is one of them.
She came to the United States out of desperation eight years ago leaving her irresponsible often jobless playboy husband in the Philippines. Her school teacher’s starvation salary hardly made ends meet. She acquired a B-1 visitor’s visa by attending a teacher's convention in Chicago – then overstayed.

She went though the usual adjustment difficulties: the sense of alienation, painful homesickness, lonely winters, lying about her immigration status for low paying menial jobs. She missed her parents and regularly sent them money. Her father died of cancer without seeing her. She wept the whole night feeling guilty that she could not visit him.
Loneliness caused her to date a married man who left her when she got pregnant. She raised her 5 year old son Michael by herself.

Her job situation eventually improved as she was smart and hardworking. She did housekeeping, cooking and secretarial work for a well to do couple who paid her well and provided room and board for her and Michael.

She generally lives a lonely life, afraid to socialize, afraid to tell her few friends about her immigration status, afraid of the police (fearing that they might report her to immigration authorities) and tends to be paranoid of strangers.
The only solace to her lonely life is her 5 year old son Michael, and the Church she goes to every Sunday where she socializes with a few Filipino friends, sharing experiences and news from the homeland.

She consulted with me explaining her situation and felt guilt about violating U.S. immigration laws. She asked: “What if I get caught?”
“Before anything else,” I told her, “Immigration law is civil law and not criminal law. You should congratulate yourself for having the courage to try and find a better life for yourself and your loved ones. Not your fault you were born in a poor country.”

For her and others like her – this is my advice, if caught by Homeland Security agents:
Don’t panic. It’s not the end of the world. Be nice and polite to the arresting officers. They’re just doing their jobs. Ask respectfully if you can talk to your lawyer first before answering any questions.

Tell them you have a minor child that you need to attend to and ask if you can be released without bond. Assure them you will not run away. They will likely grant your request because of your child and place a monitor electronic bracelet on you. If not, your lawyer can bond you out.
You have a right to a hearing before an Immigration judge and present applicable defenses. It’s not the case that an alien can immediately be deported after arrest.

If you’ve been here a total of 10 years and have a U.S. citizen or permanent resident parent or child and have no crimes – you might qualify for an immigrant visa under the Cancellation of Removal law which an immigration judge can grant.

Congress most likely will also approve the amnesty bill hopefully this year allowing undocumented immigrants to legalize their stay.
So – just be cool. Live life one day at a time, let tomorrow take care of itself. Don’t be afraid. Hope.

-----------------o------------------
Atty. Laguatan’s legal expertise is officially certified by the California State Bar. He does immigration, personal injury, wrongful death, medical malpractice and complex litigation. He is rated as among the top 5 percent best lawyers in America by a magazine for lawyers. For communications: 455 Hickey Blvd., Ste. 516, Daly City, CA 94015, Tel. (650) 991-1154, Fax (650)991-1186, E-mail: laguatanlaw@gmail.com

FROM THE CAPITOL: Remembering Larry Itliong

2010-03-30T11:09:00.000-07:00

EVERY year, on March 31, the day of his birth, Cesar Chavez Day is celebrated in honor of the late farm worker, civil rights activist, and leader. Together with farm labor activist, Dolores Huerta, they founded the National Farm Workers Association (NFWA), which later came to be known as the United Farm Workers.

While Cesar Chavez may be a more iconic figure during the farm worker movement in south and central California, there was another man who stood alongside Cesar Chavez who fought wholeheartedly for farm worker rights. Larry Itliong, a migrant farm worker from the Philippines, was a labor leader in Alaska and California, where he founded the Filipino Farm Labor Union.
Filipino farm workers have contributed invaluably to the farm worker movement and to the creation and accomplishments of the United Farm Workers. In the early twentieth century, through the recruitment efforts of employers, more than 100,000 men leave the Philippines to work in the fields of Hawaii, and the mainland United States, through ports in San Francisco and Seattle. By 1930, Filipino farm workers made up approximately 15 percent of the all California farm workers, nearly all asparagus farm workers in the Sacramento and San Joaquin valleys, and approximately 80 percent of the Salinas Valley lettuce crop workers.

As the Filipino farm worker population increased, so did the demand for labor leaders to step up and help their fellow kababayans. Larry Itliong rose to the occasion, along with fellow Filipino labor leader Philip Vera Cruz, to form the Agricultural Workers Organizing Committee.
Under the leadership of the newly formed Agricultural Workers Organizing Committee, Filipino farm workers initiated the Delano Grape Strike on September 8, 1965 in the fields of Delano, California. What started as a fight for fair wages, became the most important date in farm worker history in California and the United States.

In response to the strike, the Agricultural Workers Organizing Committee, under the leadership of Itliong, joined forces with Cesar Chavez’s National Farm Workers Association to create the United Farm Workers Organizing Committee, AFL-CIO. Following Chavez, Itliong became the 2nd Vice President of this powerful committee. Through the efforts of the United Farm Workers, a contract was awarded to the grape growers after five long years of fighting for labor rights.
Even years after this victory, Itliong and Chavez were a powerful team in protecting labor rights in fields across the state. In 1977, at the young age of 63, Itliong passed away. Chavez described Itliong, as “a true pioneer in the farm worker movement.” And that he really was. His fight for the rights of the working people and immigrants were so powerful that his impact is still felt today in the ongoing battle for social justice.

Itliong is an unsung hero to all workers and to all the communities. It is unfortunate that someone who played such a significant role in a major labor movement in history is often overlooked. Itliong was such a great communicator and leader, and deserves greater recognition for his work.

His leadership and work is a true example of the power of Filipino activism and empowerment. Let us continue to remember his work and rich account of the farm labor movement; educating others and our future about the significant role of Itliong and that played by the Filipino people.

STREET TALK: Wanted; A hero for Santa Banana

2010-03-30T11:07:00.001-07:00

It has been often said that there are 90 million cowards in the Central American Republic of Santa Banana. You see, where the citizens of other countries would immediately take to the streets the moment their national leaders steal, restrict civil liberties, trample human rights, or, otherwise, abuse their powers, the people of Santa Banana just complain, feed exposes to the print, TV and radio commentators, and organize “activist groups” with fancy names like Black-and-Blue Movement.

Their most daring action is usually a protest march that is immediately dispersed with a few blasts of fire hoses or the bone-cracking swings of police batons. In Santa Banana, the motto of the activists – otherwise known as “leaders of civil society” – is: “He who fights and runs away lives to fight another day.”

Not surprisingly, Gloria En Excesses Deo, president of Santa Banana, feels free to bend, twist, reconfigure and otherwise break the law whenever she pleases. She knows that the 90 million cowards of Santa Banana will yelp and bark. Like dogs. But never bite. Like toothless dogs.
Perhaps it is the Catholic upbringing of the people of this country, once dominated by Spanish friars. The friars hammered into the heads of Santa Bananans that the road to heaven winds through Calvary, that silently and uncomplainingly accepting abuse is a virtue, and forgiving others their trespasses is the key to sainthood.

It took Santa Banana almost four centuries before they could get organized enough to mount a revolution against Spain. But it took the martyrdom of one man to light the fuse of the Santa Banana Revolution.

Then, when they were forced under the heel of a dictator, it took almost two decades to get them mad enough to run the dictator out of town. Again, that fury was unleashed by the assassination of a charismatic leader. They called that uprising Banana Power.
Almost a decade and a half later, inspired by Banana Power and irked by the shenanigans of the incumbent president, they declared, “Once more with peeling!” and staged Banana Power Two.
But that one was less a revolution than a double-cross hatched by Vice-President Gloria En Excesses Deo against the incumbent president, with the help of military officers and politicians who had not received their share of the take in the rackets. In other words, Banana Power Two didn’t take courage and heroism. It just took some very clever schemers to lead the masses by the nose.

And so ruled Gloria En Excesses Deo. And, boy, has she lived up to her name. Excesses in electoral cheating. Excesses in stealing from the national coffers, overpricing, extortion, bribery, smuggling, and overall graft and corruption. Excesses in extra-judicial killings and the muzzling of the media. Excesses in cover-ups and in frustrating the justice system. Excesses in manipulating and controlling the legislature and treating its members like dogs. Lap dogs. Excesses in using the military and the police as accessories to illegal acts.
This year, Gloria En Excesses Deo has really pushed the envelope to the edge. Early on, it was obvious that she relished power and found the term limit imposed by the Santa Banana constitution a pain in the behind. With some equally ambitious politicians, she schemed to have the constitution amended to enable her to keep the reins of power, not as president but as prime minister.

That was foiled by a citizenry that had gathered enough guts to protest. But protesting was as far as they were willing to go. Once the police and the military brandished their batons, exploded their tear gas and let loose their fire hoses, the citizens dispersed. It took other ambitious politicians, the enemies of Gloria En Excesses Deo, to foil the plot.
This year is an election year. A new president is supposed to be elected – the replacement of Gloria En Excesses Deo. Confronted by the harsh prospect of relinquishing the presidency at the end of her term, the Queen of Excesses has set into motion a multi-faceted plot that is awesome in its intricacy and brilliance.

The ultimate objective is to keep her in power. But the moves are more complicated than anything Boris Spassky or Bobby Fischer could have concocted.
First, she has placed her most trusted lap dogs in control of the armed forces and the police. One senior police commander who declared that he would not follow illegal orders from the president has been consigned to the dog house.

Secondly, she has set up the Electoral Commission with an automated system designed to fail. Thirdly, she has let her propaganda experts leak the rumor that there could be a failure of elections – thereby, preparing the 90 million cowards of Santa Banana to resign themselves to that eventuality.

Fourthly, she has made a deal with one presidential candidate, who has a record for honesty and integrity as scandalous as hers, and an obsession to become president at all costs, as intense as hers. This has given the impression that she is prepared to relinquish the presidency. In chess, this is called a gambit.

Fifthly, she is running for Congress in a district that she controls. One of her sons, who had to give way to his mother, is running for congress as a representative of the poor and underprivileged. It’s so outrageous, nobody has found the adjectives to adequately protest the farce.

According to this option, she will become speaker of the house of representatives and take over the government in the event of a “failure of elections.” This will lead to an amendment of the constitution and her installation as prime minister.

And what about the presidential candidate that she has made a deal with? Well, all he wants is to make money and carry the title of president. He will have both. But the real power will remain in the hands of Gloria En Excesses Deo.

And, finally, she has rigged the Santa Banana Supreme Court, loading it with lap dogs who will sit and bark at her bidding and confirm the legality of any illegal action that she may decide to take in order to stay in power.

What, you may ask, will the 90 million cowards of Santa Banana do about it?
Right now they’re being bought off by the presidential candidate with whom Gloria En Excesses Deo has made a deal. They are also being cowed by the military and the police. And they’ve been told by the most influential leaders of Santa Banana media that being raped is not too bad if you learn to enjoy it.

Does that mean that Gloria En Excesses Deo will get away with her intricate game plan?
Perhaps. But then again, the 90 million cowards of Santa Banana could gather some courage.
This could happen if the cowards in the military and the cowards in the police finally look at themselves in the mirror and realize their cowardice. Or, maybe, they will look into the eyes of their children, whose future they are selling down the river, and be overcome by shame.
It takes a long time, much persecution, a heap of insults, and a flood of abuse for the 90 million cowards of Santa Banana to get mad enough to fight for their honor and dignity. Gloria En Excesses Deo has calculated that it won’t happen while she’s around.

But, maybe, there is someone among the 90 million who isn’t a coward. Someone who has the courage, the nobility, and the heroism of the two who sparked the Santa Banana Revolution and Banana Power One.

Someone who will take the words of the Santa Banana national anthem to heart. Yes. Wanted. A hero for Santa Banana.

(gregmacabenta@hotmail.com)

NO LIMITATIONS: Should commissioned polls be outlawed

2010-02-02T11:47:00.000-08:00

By Attorney Ted Lagautan ESQ

Polls commissioned (read paid for) by politicians are about as credible as a straight - jacketed wacko who believes in purple unicorns. Politicians commission polls on the theory that if the results make them look good – the public’s sheep mentality kicks in. It’s an effective bandwagon effect tactic because there’s a lot of sheep out there.

In commissioned political surveys, the objective is to make the candidate look good. That’s why unfavorable survey results for commissioning politicians are as unlikely as snow in the Sahara. Pollsters can ensure a predetermined foreseeable result by simply custom designing the questions and selectively picking a target group of respondents to accomplish their purpose. Say – I ask 1200 Filipinos from General Santos: “Would you rather watch a Pacquiao fight or watch boring grandstanding senators on TV?” The answers are easily predictable. See? Thomas Mann of the highly respected independent Brookings Institute think tank: “When a group with an agenda releases a poll, you should not take it seriously. There’s ample opportunity in the design of questions to provide findings that are consistent with a group’s general orientation.”

Pollsters have perfected the art and science of manipulating outcomes. “Tell us what you want – we’ll deliver.” says one pollster. Yes they can - if the price is right.

Buying desired poll results is not quite as easy as buying a loaf of bread. In third world countries, there are few established polling companies. Politicos compete to get their services. The guy with the fat wallet usually wins.

A candidate commissioned survey is simply a more sophisticated form of marketing gimmickry - a con game on the public if you will. One pollster demystifies it: “We provide something better than advertising agencies - very effective advertising that does not look like advertising.”

But polling companies can also provide valuable data. They often engage in legitimate objective surveys which are commissioned or paid for – but where no hidden agendas are involved. For example, gov’t agencies might commission them to do demographic studies or to determine the incidence of certain diseases in particular areas. These objective surveys add to pollsters’ credibility and respectability. The more respectable, the higher price they command for politically instigated commissioned surveys.

Commissioning politicians should also not be faulted. Since polling companies are not regulated and commissioned polls are legal – they simply utilize this open opportunity. Given that commissioned polls or surveys mislead the public – should they be outlawed?
Here’s my take on the issue.

I don’t think commissioned polls should be outlawed. If conducted honestly with no cloaked agendas and the true purpose is fact finding – they can provide valuable data. Outlawing speech – whether written or oral – tends to create a prior restraint or inhibition on other kinds of constitutionally protected speech. Polls are a form of speech. In a free society, the expression and competition for all kinds of ideas should be given full encouragement and free rein so that the best ideas emerge to be absorbed by the citizenry - increasing the probability of implementation. Good for all.

However certain rules should be instituted - so that the use of commissioned surveys are not abused and used to mislead the citizenry. These rules relate to methodology, to changing realities and the interpretation of results. Aside from the results, polling companies should provide additional information as to: 1. Who commissioned or paid for the survey? 2. Which persons did the poll? 3. How they went about it? 4. What questions were asked, and in what order? 5. How large was the sample? (the larger, the more accurate) 6. How random was the sample? 7. When was the date of the sampling? 8. Were the questions conducted on the phone, the internet, by mail or in person?

This information should be made available online.

Polling companies have public responsibilities and ethical standards should apply. They should also advise the public that today’s voting preferences do not necessarily predict the future. They only reflect the respondents’ minds on the polling date. Preferences change. While these rules are not yet in place and enforceable – the best guideline for voters regarding commissioned surveys is to view these with skepticism. Instead, carefully study the issues and the candidates’ qualifications to be a responsible voter.

Two recent Philippine presidential polls were commissioned by the second leading candidate who was down by over 30 points. His commissioned poll results showed the gap closed to 13 points and then to only 8 points. Hmm….really?

Instead of spending millions to counter said candidates’ poll presentations – I respectfully suggest to the other poll-challenged candidates to simply reprint this article. Distribute as many as possible. It will inform and educate voters – help them to choose good leaders. You have my permission to do so – without charge. It’s a more effective counter strategy than costly commissioned polls. Donate some of your savings to hungry children maybe. Thanks.

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The California State Bar officially certifies Ted Laguatan as an expert/specialist lawyer. He does immigration law, personal injury, complex litigation, medical malpractice and other cases. A magazine for lawyers rates him as being among the top 5 percent best lawyers in America. For communications: 455 Hickey Blvd., Ste.516, Daly City, CA 94015, Tel. (650) 991-1154, Fax (650)991-1186, 101 California St. Ste. 2450, SF, CA 94111 E-mail: laguatanlaw@gmail.com

FROM THE CAPITOL: Safety on the Streets

2010-02-02T11:46:00.000-08:00

By Senator Leland Yee

In high school science classrooms, students are taught that data becomes fact only when it can be tested. Experiments are set up with control groups and variables, and through testing and retesting, one ends up with valid and reliable information.

Unfortunately, when it comes to public policy, such experiments are often unfeasible. In a state of 38 million people, there are so many variables associated with any piece of legislation that it is rare that we get a neat determination of how laws affect human behavior. However, in January of 2009, one such experiment began on San Francisco’s 19th and Van Ness Avenues, and now it is up to us to learn from it. In a city with an already abnormally high rate of pedestrian traffic accidents, 19th Avenue was one of the most dangerous streets, with nearly 600 pedestrian collisions taking place from 2003 to 2007, resulting in 10 deaths and hundreds of injuries.

Through the years, we have successfully changed the speed limit on 19th Avenue from 35 to 30 mph, installed pedestrian countdown signals at traffic lights, improved signage, and added bulb-outs to shorten the distance for pedestrians at several crosswalks. Despite all these changes, we continued to have an unacceptably high fatality rate on 19th Avenue.

In 2008, after five years of hard work, we were finally able to get a double-fine zone on 19th Avenue when Gov. Arnold Schwarzenegger signed SB 1419 — a bill I crafted with the help of several San Francisco community members. The combination of the fines and the improvements resulted in a substantial drop in traffic accidents along 19th Avenue, and there was not a single pedestrian death in 2009 — a result of which all San Franciscans can be proud.

As part of the compromise to get the double-fine zone on 19th Avenue approved, the Senate Transportation Committee insisted that we also include a double-fine zone on Van Ness Avenue, another dangerous corridor in our city. However, thus far, the improvements that have been made on 19th Avenue have failed to materialize on Van Ness Avenue, and as a result we have not seen a similar statistical change.

The fine increase cannot be used as a magic bullet, but rather as a piece of a larger strategy to improve traffic safety. It is my hope that the successes we have had on 19th Avenue can be repeated on Van Ness, and my expectations are that we would then see similar progress.

Good public policy is never made in a vacuum. It is carefully crafted with input from the community that will be affected by it, and when it fails to meet the needs of that community it should be retooled until it does. While it may be too early to say anything with absolute certainty regarding this law, what we have seen thus far is encouraging and that increased fines are an important piece of the puzzle needed to help save lives.

STREET TALK: Consumisyon on elections

2010-02-02T11:45:00.000-08:00

By Greg Macabenta

If you think that the Commission on Elections has been purged of multi-million dollar hamburjers and million-vote phone pals, look again. This constitutional body is still infested with characters who cannot tell right from wrong.

When Congress passed the Dual Citizenship Law, Republic Act 9225, many of us who had become naturalized citizens of foreign countries welcomed the opportunity to reclaim our Philippine citizenship. The day the law became operative, I was with the first batch that crowded into the Philippine Consulate in San Francisco to become a Filipino citizens again.

At last, we would have an opportunity to exercise the right of suffrage, to participate in the choice of the leaders of the land of our birth, to contribute to its emergence from poverty not simply with our money remittances but also with our skills and other assets.

But we celebrated too soon. Comelec Chairman Benjamin Abalos – the Hamburjer Man, star of the NBN/ZTE multi-million dollar scandal – ruled that dual citizens could not vote in the 2004 elections. Led by Loida Nicolas-Lewis, then chair of the National Federation of Filipino American Associations (NaFFAA), several of us appealed to the Supreme Court to nullify the ruling.

On August 4, 2006, the high court ruled in our favor, decreeing that the Dual Citizenship Law was meant to “to “enfranchise as much as possible all overseas Filipinos.” Unfortunately, the decision came too late for us to vote in the Garcified presidential contest, where a million votes were added on to an Arroyo victory, but it allowed us to help bring in a new batch of senators – and kick out a lot of undesirable ones - in the 2007 polls.

Now comes the 2010 presidential elections, a monumental event in the continuing struggle of the Philippines to extricate itself from a fate of corruption, incompetence, crime and poverty. Like the invigorated American electorate who voted in large numbers in the last US presidential elections in their desire for “change they could believe in,” overseas Filipinos have become motivated to actively participate in the selection of the new Philippine president to ensure that all vestiges of the graft-ridden administration of Gloria Macapagal-Arroyo are ejected and changed. Since the passage of the Dual Citizenship and the Overseas Absentee Voting Laws, the response of overseas Filipinos, particularly those in the US, had been embarrassing, to say the least. We had lobbied long and hard to have both laws passed by Congress, but when they were finally signed into law, only a handful of otherwise qualified Filipino voters took the trouble to register, and fewer still bothered to vote.

A January 19 story filed by GMA News gave these dismal numbers: “A total of 589,830 overseas Filipinos registered for the 2010 elections. According to the poll body’s statistics, 224,884 new voters were added to the list of 364,946 active voters from the past two elections. In addition to the land-based Filipinos, a total of 21,097 seafarers will also be allowed to vote in the 2010 elections.

“Since the OAV was signed into law in 2003, figures have not been encouraging. In the 2004 national elections, only 360,000 of the more than four million qualified overseas Filipinos had registered. Of this figure, only 65 percent or 233,092 actually voted.

“In the 2007 midterm elections, at least 145,000 more overseas Filipinos registered to vote but only 81,732 cast their ballots. Data from the Comelec indicated that the countries with the most number of overseas Filipino voters are Saudi Arabia with 111,549; Hong Kong, 95,355; and the United States of America, 40,430.

“In terms of geographic regions, the Middle East and African nations have the most number of overseas voters, with a total of 225,148. The Asia Pacific, meanwhile, has 215,548; Europe, 61,294; and North and Latin America, 66,743.”

Among the reasons for the poor response are provisions in the law that make it difficult to register and vote. But what has made a bad situation worse is the fact that the Comelec has not really done enough to encourage voter registration. In fact, it has actively discouraged registration in the forthcoming elections by setting the deadline a full month earlier, August 31 instead of the end of September.

In a case filed before the Supreme Court by Raymond Palatino on behalf of Philippine voters, the high court directed the Comelec to extend the registration period by 69 days. Encouraged by this, a FilAm from Boston, Maritess Salientes Bloom, filed a petition with the Comelec in Manila asking for an extension of 28 days for overseas voters. This effort was supported by NaFFAA and actively pursued by Loida Nicolas-Lewis and Rodel Rodis.

For some reason that defies logic, another overseas group, the Global Filipino Nation, headed by Vic Barrios, filed its own petition for extension but only asked for two extra days!

To further complicate matters, a private conversation between Lewis and a Comelec official, to the effect that the Bloom petition had been “approved,” was prematurely announced as a fait accompli. The celebration was cut short when the Comelec subsequently announced that the petition had, in fact, been denied.

As in the past, the leaders of NaFFAA are preparing to appeal this adverse decision to the Supreme Court. According to Rodis, the rationale given by the Comelec for denying the Bloom petition do not hold water. The Comelec avers that giving an extension of 28 days would upset the work schedule of the poll body, require more personnel and resources and, in effect, jeopardize the conduct of the elections. Rodis scoffs at this.

According to Rodis, “The Comelec rejected our petition because to grant it ‘would wreak havoc to the Commission's over-all preparations for the 10 May 2010 National and Local Elections. Petitioner must bear in mind that to set an additional registration period now would have a rippling effect to our Commission's schedules, which are already tight as it is.’
“First of all, for the information of the Comelec, overseas voters do not vote in ‘Local Elections’ just in case the Comelec was not aware of that. How would extending the registration period to overseas voters ‘wreak havoc’? The work would be done by the local consular officials who still have the voters registration machines. What kind of ‘rippling’ effect would it have? The Comelec made the same arguments against the Palatino petition and yet none of the ‘rippling effects’ it warned against materialized. Comelec would not need to hire any new workers to register the overseas voters.”

Added Rodis: “The Comelec's decision actually presents us with the opportunity to put the Comelec on trial for its gross incompetence and for completely ignoring the needs and interests of the overseas absentee voters.”

We can only hope for the best. The Supreme Court could rule in favor of overseas Pinoys – but past experience warns us that the decision could be made AFTER the 2010 elections. In such a case, the Commission on Elections would have succeeded in frustration our efforts to participate in the choice of the new president. It should be renamed, Consumisyon on Elections.
But we’re not entirely helpless. Those who have already registered should vote. And those who haven’t and can’t register should actively campaign for honest and competent candidates and direct their friends and families in the Philippines to do likewise.

Otherwise, heaven help the Philippines. We might yet end up with a new president named Money Villarroyo.

(gregmacabenta@hotmail.com)

NO LIMITATIONS: Mayweather Exposed

2010-01-26T11:31:00.000-08:00

By Ted Laguatan ESQ

If Floyd Mayweather were not a boxer, he might have been a magician or politician or con man. Well, he tried a con on Pacquiao – so he’s both boxer and con man. Many ask: “Why doesn’t Pacquiao just accede to Mayweather’s demands for blood tests?”; “Is he hiding something?”; “ Why did he refuse these demands?”

Without any proof whatsoever, Mayweather and his co-conspirators have accused Manny of using performance enhancing drugs (PEDs). He also insists on specific blood tests which no boxer has ever imposed on another boxer. State boxing commissions are there to regulate testing protocols.

In previous fights after stringent tests, Manny emerged squeaky clean. Mayweather knows that Pacquiao’s skills, speed, power and stamina stem from continuous improvement, discipline, rigorous training and excellent physical and intelligence genetics – not PEDs.
So what’s Mayweather’s gimmick?

Here’s my take on this:
Mayweather remains undefeated not only because of his boxing skills but also because of his ability to psyche out opponents. His hero is Muhammad Ali who taunted opponents before and during a fight – a strategy meant to screw up their minds and foul up their training regimen and mindset in the ring. Among other tactics, Ali riled opponents with insulting monickers: Sonny Liston (“Big Black Bear”); Joe Frazier (“Gorilla”); Leon Spinks (“Blacula”); Floyd Patterson (“Rabbit”). Notably, after his fights, Ali maintained good relations with opponents.

Following Ali’s lead, the cunning Mayweather brewed a devious covert stratagem to beat Pacquiao: Beat this dude by messing up his mind. Accuse him of using roids and other PEDs and insist on blood tests. He’ll absolutely be resentful because he knows he’s clean. Questions will be raised about his character. These will unbalance him mentally and emotionally - constantly agitating him and keeping him mad as hell. He can’t sleep, eat, or make love. Repeatedly insult and call him a ‘punk ass’. His training regimen will crumble. When he climbs into the ring weakened, angry, rushing and raging to tear my head off - he’ll be ripe for the taking. I’ll run circles around him, make him look like a fool - frustrate him into making disastrous errors. I’ll own him.

Misdirection. Magicians and smart lawyers well understand this principle. To illustrate, a magician directs the audience’s attention to his right hand while his unnoticed left hand surreptitiously reaches for the hidden card or rabbit. Discretion prevents me from revealing how super lawyers use the same principle in winning cases.

Mayweather’s sneaky misdirection involves directing the attention of the boxing public to accusations of PED use and to blood testing demands with staged pronouncements of concerns for the boxers’ safety – smokescreening his true intention which is to mess up Pacquiao’s mind and emotions.

If detecting PEDs was really his honest intention, this objective can easily be accomplished: Just do the blood test right after the fight. Pacquiao had readily agreed to this fool-proof protocol. The fighter found PED positive will immediately be disqualified. If victorious, his victory is instantly nullified and the innocent fighter declared winner. Mayweather did not limit his demands to this reasonable reliable protocol because he has a different agenda. When he fought Arturo Gatti, he repeatedly called him: “a C+ fighter”, “a fake”, “ a blown up club fighter”. See?

The defamation lawsuit against Mayweather and co-conspirators is perfectly justified. Playing mind games, they have crossed ethical lines by resorting to baseless malicious defamatory accusations – ruining Manny’s good name and reputation. With good lawyering this case can be won. I would certainly throw in a demand for punitive damages which should kick in the big bucks – millions more. Punitive damages are proper and justifiable because malice is involved. I’ll even volunteer to prepare the pleadings and arguments pro bono re punitive damages. Hey, you can’t play dirty tricks with a national treasure – a good genuinely humble man … takes Filipinos’ minds off government corruption.

Team Pacquiao did right slamming the door on Mayweather’s face. That’s smart. Had they accepted Mayweather’s terms - the bogus PED accusations and the forced acceptance of unreasonable unjustifiable blood testing demands would have left a bad taste in Pacquiao’s mouth - affecting his emotions and mindset. The team did well in following WBC President Jose Sulaiman’s admonition: “He (Pacquiao) has always been clean… Let him (Mayweather) go to hell.”

I am positive that Mayweather’s camp will soon initiate new discussions to actualize the dream rumble. The enticement of boxing’s biggest purse ever is too irresistable for the tax-challenged Mayweather. Besides, his sneaky machinations which caused Manny to walk will forever haunt him if this fight goes nada. “Coward!” - Bob Arum alleges. Maybe not. Scheming? Definitely.When the fight is on, expect Mayweather to continue trying to mess Pacquiao’s mind. Hopefully, Pacquiao gets to read this article. Some good science here.

Now that Pretty Boy’s insidious tactics are bared – he won’t come out looking so pretty when the dust settles and the smoke clears. Expose the crime they look like slime.

Ted Laguatan is officially certified as an expert/specialist lawyer by the California State Bar. He does immigration law, personal injury, complex litigation, medical malpractice and other cases. He is rated as being among the top 5 percent best lawyers in America by a magazine for lawyers. For communications: 455 Hickey Blvd.,Ste.516,Daly City, CA 94015, Tel. (650) 991-1154, Fax (650)991-1186, E-mail: laguatanlaw@gmail.com

FROM THE CAPITOL: Being the support for one another

2010-01-26T11:30:00.000-08:00

By Senator Leland Yee

The word family, or pamilya, is a word that I have learned from my involvement in the Filipino-American community. Being the in community I see the different meanings of the word family, in the labor of love of putting various community events together, in the gathering of seniors to get together and move their feet to music, and to dinners that celebrate an anniversary, an opening, a graduation, the list goes on.

Over the past few months, I have been joined by many friends in the community—friends that I see around often, and some that I haven’t had the chance to see in a while. I am always enamored with how time is not a matter of importance. I say this in the sense that despite not having seen one another in a while, it seems as if it was just yesterday we saw each other and we can easily pick up from where we left off. This has been apparent to me in many of these gatherings.

I recall the efforts last fall to declare the month of October as Filipino-American History Month. In working with the Filipino American National Historical Society (FANHS), language was developed together for Senate Concurrent Resolution 48, which recounts the recorded history of Filipino Americans in the United States and in the State of California in particular. Once word spread about this effort, so did the quick outpour of support for the legislation. With the backing of Filipino-Americans all throughout the state and in other parts of the nation, as well as my colleagues in Sacramento, we were able to provide the Filipino-American community the recognition that was overdue and well-deserved.

I have great admiration for the dynamic of the Filipino and Filipino-American pamilya. It is what truly makes your community unique. The words unity, camaraderie, and friendship also ring true to your people.

I encourage you to keep the same commitment to helping one another and our community. At a time when many people are losing their jobs, their homes, their confidence, it is important that we remain and continue to be backbones for one another.

We must also not forget our brothers and sisters in countries like Haiti who are recovering from a major earthquake two weeks ago, and those in the Philippines, who are still recuperating from the aftermaths of Typhoon Ondoy which struck three months ago, that we remember them and provide them with our continued support and love. As such, it is fitting and proper that I thank you all for your many contributions to our society. And let us keep the positive momentum going in 2010.

STREET TALK: President Villarroyo?

2010-01-26T11:29:00.000-08:00

WRITTEN BY: GREG MACABENTA

Manny Villar is lucky, he is running for president of the Philippines. If this were an election campaign in the US, he would be shamed into withdrawing because of the censure threatened by at least 12 of his colleagues in the Senate.

He is also lucky because a censure might be the worst thing the Senate will do to him. In fact, if the erstwhile champion of good government, Alan Peter Cayetano, were to have his way, there won’t even be a censure and the damning findings of the Senate President himself, Juan Ponce Enrile, would be treated like a worthless piece of paper.

Cayetano, who would have us believe he was a crusader against the corrupt Arroyo government, apparently hasn’t heard about what Manuel Luis Quezon had to say about loyalty to his party ending where loyalty to the country begins. Cayetano sees things in reverse.

If Villar were a US senator and were to be accused and “found guilty” by his Senate colleagues, the way Ponce Enrile’s findings indicate, a mere censure would cause an uproar across America. That would be like a mere slap on the knuckles and Capitol Hill would not hear the end of it from the media and from the citizenry.

In America, the Justice Department would step into the picture or an independent counsel would be appointed. The FBI would quarantine Villar’s financial records, go over his transactions with a fine tooth comb, interview dozens of potential witnesses and make a viable presidential campaign impossible to run. And fat chance the voters will even entertain the idea of Villar becoming president.

Consider what Bill and Hillary Clinton, as president and first lady of the United States, had to go through as a result of allegations of unethical conduct in connection with their real estate investments while Bill Clinton was governor of Arkansas. The Clintons were subsequently cleared in the Whitewater scandal but not their associates Jim and Susan McDougal who were both convicted, along with Clinton’s successor, Governor Jim Tucker. If enough evidence had been built against the Clintons, they would have been ejected from the White House.

And yet, what the Clintons were accused of could pass for a small case of official misbehavior compared to what Villar has been accused of by his colleagues in the Senate.

Consider what Gary Hart and John Edwards, both US presidential hopeless had to suffer when the former was shown with a “bimbo” on his lap in a yatch and the latter was exposed concerning his extramarital affair. Hart had to forget about his presidential ambitions and Edwards had to end his promising presidential campaign.

Would Villar entertain such a thought? Not on anyone's life. He has invested so much in his campaign, he won't withdraw even if every member of Congress were to turn blue in the face censuring him.

Indeed, the findings of the Senate Committee should be enough to kick off the kind of exhaustive investigation that will get to the bottom of this scandal and either exonerate Villar or get him indicted and jailed. But don't count on the Senate demanding that Villar should withdraw. The Senate is still an Old Boys’ Club and, at most, will rap Villar on the knuckles and leave him free to run for the highest office in the land.

Villar has been accused of having “made the Filipino suffer the total amount of P6.22 billion” because of the alleged realignment of the C5 highway through subdivisions in which he has substantial holdings. On top of that, he has been accused of directly benefiting from the realignment because of the increased value of his property and allegations of overpricing in the right-of-way payments, on top of which he reportedly was first in line to collect payments from the government.

Twelve senators have already signed the draft report and are endorsing it to a plenary session of the Senate. That very act would mean the end of Villar's presidency aspirations, if this scandal had exploded in America or Korea or Japan or Europe. In such a case,Villar would have to put up a determined defense to defend his honor and uphold his reputation.

But this is happening in the Philippines. Therefore, Villar may not even feel constrained to speak out in his defense but will simply leave it to his spokesmen, apologists and publicists to cry “political vendetta” and claim martyrdom.

And don’t be surprised if this furor will not even affect his standing in the surveys. In this country of bleeding hearts, blind loyalties, votes for sale and media practitioners moonlighting as apologists, Villar is not likely to lose any support. Dolphy will continue to extol him as an outstanding Son of Tondo. Willie Revillame will continue to sing praises to him in his TV show. Loren Legarda will hear no evil, see no evil and speak no evil and, at most, will find a proper euphemism to justify her continuing support for her presidential teammate.

This is truly sad. This presidential election is supposed to offer a ray of hope to the long suffering people of the Philippines. After over a decade of Arroyo misrule, this is supposed to be the chance to turn things around, to field candidates who are the opposite of the present Malacanang occupant.

But what do we have? Erap Estrada, after having been ejected from the presidency and convicted of plunder, is running again for president and is ranking third in the surveys. Gilbert Teodoro, who believes that loyalty to his patron, Arroyo, is more importnt than loyalty to the country (another individual who hasn’t heard of Manuel Quezon) is the official candidate of the administration. And Manny Villar, accused of using his Senate position to benefit his business empire and threatened with a censure by his Senate peers, is still gaining on Noynoy Aquino and leaving Dick Gordon far behind in the polls.

I mention Aquino and Gordon because of the irony that these two candidates present. One is accused of having “done nothing” to deserve the presidency except to be the son of his father and mother, while the other has an impressive public service record that fails to impress the masses.

One will likely lose, despite being qualified to be president. The other one brings real hope for a new era of honesty and integrity in public service but has to confront the harsh prospect of a tight race against someone who could bring a repeat of the very plague of corruption that this election seeks to erase.
Can you imagine a President Manny VILLARROYO????!!!
(gregmacabenta@hotmail.com)

Mental dishonesty

2009-12-02T10:47:00.000-08:00

By Greg Macabenta

As surely as night follows day, every single presidential candidate in the 2010 elections will vow to end corruption and dishonesty in government and will swear to uphold the law “without fear or favor” or, in the words of Erap Estrada, in his inaugural speech, “Walang kaikaibigan, walang kama-kamaganak.”

And while they’re saying this, every single one of these would-be candidates has been merrily running circles around the law. Not really breaking it. Just bending it and making a mockery of it.

If you don’t know what I’m talking about, turn on your TV sets and watch those “non-campaign” commercials that sure as hell look, sound and smell like political campaign pitches.
Sure, sure, none of those spots is saying outright, “Vote for me!” but it shouldn’t take a genius to guess what these spots are saying. Even an idiot can tell.

Of course, we know why our moral, crusading, honest, incorruptible, pure as driven snow presidential wannabes are doing this. They think that the Comelec rules on election campaigning are unreasonable. They think the gag on delivering messages about the qualities of candidates doesn’t make sense.

So what do they do? Instead of amending the law through the logical congressional process, they simply use the great Pinoy talent of “palusot.” Finding a loophole and getting away with it.
At least, Rep. Teddy Boy Locsin is realistic enough to acknowledge the idiocy of the rules although he is careful not to knock those who have been bending them (I wouldn’t be surprised if he has bent the rules himself). He has filed a bill in Congress that would make the rules on early campaigning more reasonable and logical.

But to go back to this penchant for bending or running circles around the law. It has become such a national habit that nobody notices it anymore. Besides, it’s so easy to rationalize breaking or bending the law, especially when you see national leaders, from the president to the members of Congress to the sages in the Supreme Court, conveniently justifying the means to their ends.
Having seen these presidential candidates start their campaigns with such mental dishonesty, is there any reason to believe that they will change their ways when they assume office?
I frankly doubt it.

I think we will all have to resign ourselves to the harsh reality that we will be electing to the presidency and the vice-presidency people who have no compunctions about bending the law to suit their objectives. Oh yes, they may even do that “for the greater good of country and people.”
The only question is, who will do it less often. Or, putting it another way: Who will be doing MORE GOOD, while breaking or bending the law.

This brings me to the choices that are left to the electorate, based on the current list of would-be presidential and vice-presidential candidates: Aquino-Roxas, Estrada-Binay, Teodoro-Manzano and Villar-Legarda.

You may ask: What is it that qualifies these individuals for the highest offices in the land?
Frankly, that may not be the question to ask, but, rather, “Who shouldn’t be elected to the highest offices in the land?”

Apparently, the Philippine electorate has a better idea of what they do not want in the next president, rather than in the qualities that the ideal candidate should possess.
From talking to prospective voters and pundits in Manila and in the US, it is clear that the first thing they don’t want to see occupying the presidency is anyone answering to the name of Gloria Macapagal Arroyo. By extension, they don’t want anyone who is associated with her.

This is the monkey on the back of Gilbert Teodoro. It is doubtful that the charms of Edu Manzano, as vice-presidential running mate, can effectively lighten that burden for him.
If it is a truism that Pinoys have a penchnt for “palusot,” it is even more true that quic pro quo is the rule in politics and every politician is a wheeler-dealer. The only difference is the degree of wheeling and dealing. On that score, it is likely that that Teodoro has made a commitment to protect the interests of Arroyo if he should become president.

He can attempt to deny this in private conversations, but it is doubtful that he will ever distance himself from his patron. .Of course, that’s not necessarily the kiss of death for his presidential ambitions. Anybody who thinks that the administration party will not try to do a Garci II is a simpleton. And when that happens, Teodoro could be the next president of the Philippines.
Stung by the many scams and cases of plunder in government, the voters also don’t want someone who is perceived to be corrupt or who is suspected to have made his fortune under dubious circumstances.

If one were to look at the credentials of Manny Villar, he certainly appears better prepared to manage the affairs of the country than either Teodoro, Estrada or Aquino. His success as an entrepreneur is testament to his brilliance as a businessman. But it may also be a testament to his genius as a backroom manipulator.

Despite the efforts of several of his colleagues in the Senate to give him a clean bill of health in the face of the accusations hurled against him by Ping Lacson, Villar continues to carry a monkey on his back in connection with his real estate fortune.By avoiding the accusations and brushing them off as political vendetta, Villar leaves himself wide-open to doubts about his integrity.
Can someone whose wealth is under a cloud and is spending billions on his campaign be expected to keep his hands clean if he ever becomes president?

If Villar were running for president in America, you can bet that he would be roasted over live coal for this. He is lucky to be campaigning in the Philippines where the media depend mainly on press releases and innuendo.

Then there’s Erap Estrada. Assuming he overcomes the legal impediment to his candidacy, what can we reasonably expect from someone who has already shown us what he is capable – and incapable – of doing as president? Isn’t this like watching one of his old movies where we already know the ending?

This brings us to Noynoy Aquino and Mar Roxas. No monkeys on their backs, except perhaps for the unresolved problem of Hacienda Luisita for the former.

Do they deserve to be president and vice-president? I guess we’re talking here of the lesser evil. Because they too are guilty of mental dishonesty with their non-campaign political campaigns.
(gregmacabenta@hotmail.com)

FROM THE CAPITOL: Save the UC

2009-12-02T10:45:00.001-08:00

By Senator Leland Yee

Despite pleas and protests from students, the University Of California Board of Regents yet again voted to dramatically increase student fees. The 32 percent fee hike comes just two months after the Regents raised student fees 30 percent and handed out exorbitant pay raises to several top administrators.

The move also comes one month after Governor Arnold Schwarzenegger vetoed several bills to protect public funds at the university. SB 86 would have prohibited executive pay raises during bad budget years at the UC and the California State University. SB 218 would have brought greater financial accountability to UC and CSU campus auxiliary organizations by subjecting them to the California Public Records Act. SB 219 would have helped rein in waste, fraud and abuse by providing university employees with the same whistleblower protections as other state employees.

Governor Schwarzenegger and Board of Regents are allowing top executives to live high on the hog while students suffer. It is unconscionable for the Governor to cut funds to higher education while allowing the UC administration to act like AIG. In 2009 alone, the UC Regents have approved approximately $9 million in executive compensation increases. Yet, the UC administration only points to the state budget for the need to raise student fees.

Certainly the state needs to prioritize funding for education and that is why I voted against all such budget cuts and will continue to do so. However, it is intellectually dishonest for the Regents to simply blame the state budget for student fee hikes while they are lining the pockets of executives. Executive pay should be the first thing on the chopping block, not students.

In a September interview with the New York Times, UC President Mark Yudof, who receives nearly $1 million in salary and perks was asked, “What do you think of the idea that no administrator at a state university needs to earn more than the President of the United States, $400,000?” Yudof responded, “Will you throw in Air Force One and the White House?”
Unfortunately, this is the type of arrogance and cavalier attitude that plagues the university. California deserves better from their public university leadership.

Russell Gould, chairman of the Regents, today told the Sacramento Bee that student objections do not influence his decision-making and that student fees must be increased. However, students and workers have long called on the Regents and Yudof to use other options rather than student fee hikes. Such suggested options include dipping into the $7.2 billion Short Term Investment Pool; redirecting some of the $1.6 billion that UC received last year in gifts and donations; cutting the salaries of the thousands of UC executives and top administrators earning 6-figures; cutting the $350 million in bonuses given to employees making more than $200,000 annually; or freezing new positions such as “Vice Chancellor of Research” and “Chief Quality Officer” that pay upwards of $420,000 per year.

“UC has reserves in the billions of dollars that could be tapped, or UC could redirect its fundraising abilities, or use other sources of income such as the highly profitable medical centers, or call for a mild pay cut for the thousands of six-figure administrators,” said Jelger Kalmijn, President of the University Professional and Technical Employees (UPTE-CWA 9119).

“UC is sounding the alarm bells of financial ruin and rushing to push the economic crisis on the backs of UC students, patients and workers” says Lakesha Harrison, President of the American Federation of State, County, and Municipal Employees (AFSCME 3299), which represents patient care and services workers. “But to many of us, this is another example of UC administrators’ misplaced priorities and lack of accountability to the public.”

In a time when many are going through economic hardships, increasing student fees becomes just another burden for many students. While maintaining a full-time schedule in school, many are also forced to take one, sometimes two or three, part-time jobs in order to support themselves and pay for their education. We must continue to let our voices be heard and let the Regents know that these actions are not okay and unfair for students.

FROM THE CAPITOL: Save domestic violence programs

2009-08-11T10:56:00.000-07:00

By Senator Leland Yee

Last week, I was joined by domestic violence prevention leaders to announce legislation to help save domestic violence programs and shelters statewide.

You might recall two weeks ago, funding for these programs were completely eliminated by Governor Arnold Schwarzenegger in a line-item budget veto of the Department of Public Health’s Domestic Violence Program, which was scheduled to provide $16.3 million (a 20 percent cut from last year) to 94 domestic violence shelters and centers throughout California.
It is absolutely vital that we keep domestic violence shelters open. In last month’s budget vote, I voted against cuts to the domestic violence program. The Governor’s veto increases health care, law enforcement and other costs to the state, but more critically, it puts victims of domestic violence and their children in grave danger.

Tara Shabazz, Executive Director of the California Partnership to End Domestic Violence (CPEDV) is appalled to see the Governor eliminate funding to vital programs that saves lives. “The Governor is balancing the budget on the backs of our state’s most vulnerable citizens. Funding must be restored by any means necessary; together with Senator Yee, CPEDV has found a potential solution to these disastrous cuts,” she said at a press conference.

My legislation, which is supported by statewide and local domestic violence prevention agencies, will allocate $16.3 million from the victims’ compensation fund (which has a current balance of $136.2 million) to the Domestic Violence Program. I will also be introducing a second bill to allow domestic violence agencies greater flexibility in how they allocate their funds.

“This is a bipartisan issue that Californians care about,” said Beverly Upton, Executive Director of the San Francisco Domestic Violence Consortium and Partners Ending Domestic Abuse. “We must bring these dollars back to the domestic violence shelters and those who work in the trenches everyday to keep California safe.”

The Domestic Violence Program funds allow local agencies to provide emergency shelter, transitional housing, and legal advocacy, as well as assistance with restraining orders, counseling and other vital support services. Domestic violence shelters are often the only thing standing between victims and grave physical danger, and California’s communities cannot sustain their loss.

According to a national census of domestic violence services, in just one day, over 7,700 requests for services went unmet due to a lack of resources. When the resources do not exist for victims to receive domestic violence services, they are often left with no choice but to risk their own lives by returning to their abusers.
* * *
If you are a victim of domestic violence or if you want to report an incident of domestic violence, call the 24-hour-a-day toll-free National Hotline at 1-800-799-SAFE (7233), 1-800-787-3224 (TDD) or the California Partnership to End Domestic Violence at 1-800-524-4765.

TELLTALE SIGNS: Cory’s advice to Fil-Ams

2009-08-11T10:55:00.000-07:00

By Rodel Rodis

When ABC TV reporter Alan Wong asked me what Filipinos lost with the death of former Pres. Corazon Aquino, my immediate response was “our moral compass, our guiding light.” I thought of Cory as Jawaharlal Nehru once said of Mahatma Gandhi, “the light has gone out of our lives and there is darkness everywhere.”

But Nehru also added that “the light that has illumined this country for these many years will illumine this country for many more years, and a thousand years later, that light will still be seen in this country, and the world will see it and it will give solace to innumerable hearts.”
What was this “light” that has gone out of our lives? The August 2, 2009 editorial of the Philippines Daily Inquirer expressed it best:
“It was the light of liberty, the unquenchable flame of democracy, the light of optimism and faith in the Filipino, snuffed out in her husband’s case by an assassin’s bullets, but which lit so many more little flames, so that it dispelled the darkness that had engulfed the country since 1972. It was a light that could not be extinguished by coups and natural disasters, by the mocking of those who saw in her merely a woman, merely a widow, merely a person trying to return power where it belonged—in the people’s hands, to do with as they chose."

When her husband, Ninoy Aquino, was assassinated in 1983, Cory took up the banner of resistance from Ninoy and stood up to the brutal dictator. When she ran for president, Marcos belittled her for being “a common housewife with no experience”. She defiantly replied: "Yes, that's right, I have no experience in stealing, in cheating and in killing political opponents." The battle was joined. In the end, the more experienced candidate fled the country when People Power redeemed the Filipino people’s dignity.

After assuming the presidency of the Philippines , Cory Aquino visited San Francisco on September 23, 1986 and spoke to 4,500 members of the Filipino community at a banquet held at the Moscone Center . As chair of the committee which hosted the largest banquet ever held for a visiting head of state in San Francisco history, I was privileged to sit close to her as she spoke of her fondness for our City:
“ San Francisco has a special place in my heart. It was the cool, clear air of a free San Francisco that put the color back in my husband Ninoy Aquino’s cheeks when he arrived here after seven long years of imprisonment. It was here that Ninoy spent much of his convalescence after his triple heart bypass. This is the home of many of Ninoy’s and my most ardent supporters and friends, the home of many of the most vocal and active opponents of the dictatorship.

The Filipino-American community here constitutes one of the largest bases of support for People Power in the Philippines . Even though you are thousands of miles from the Philippines, you took to the streets, you held your own rallies, you let the world know your beliefs and contributed to the groundswell that eventually brought victory to the forces of freedom and democracy in the Philippines.”

President Aquino asked for our Filipino community to help the Philippines not just by sending money remittances and balikbayan boxes to the Philippines but in a more politically sophisticated way:
“You can help by becoming a strong political force in your adopted country and using that force to influence your adopted country’s attitudes towards your mother country. Follow the lead of the Jewish-Americans who, despite being a small minority, form an indispensable pillar of a strong and independent Israel . Surely they are no stronger, no smarter, no more imaginative or dedicated than you are. They may be more organized, more politically oriented, more helpful to each other. And certainly they work hard at keeping America ’s interest in Israel alive at all levels of society - in business, in education, in government, in the arts and sciences.

And so must you with respect to the Philippines . You must guard the image of the Filipino that the February Revolution burnished so brightly. You must guide those joining your ranks so that you enhance the image of Filipinos here. All impressions of you, American though you might be, will hark back to the Philippines.

Strive for political power in this country. Unite. Learn from the new Philippines how people, acting together, have made the difference at home. You too can make a difference here, for your own betterment and that of generations to come.”

Cory also asked us to educate ourselves and our youth about our history and our provenance, our heroes and our pride: “Be proud of your roots. Do not let your children or your grandchildren forget that they came from a land that produced Rizal, Bonifacio, Mabini and yes, Ninoy – men who could stand shoulder to shoulder with the best that this country or the world has produced.”

Not only men but many women too, like Cory Aquino.
(Send your comments to Rodel50@aol.com or mail them to the Law Offices of Rodel Rodis at 2429 Ocean Avenue , San Francisco , CA 94127 or call (415) 334-7800. For past columns, log on to: Rodel50.blogspot.com)

VIRTUAL REALITY: Remembering Ninoy and Cory

2009-08-11T10:54:00.000-07:00

By Tony Lopez

Among today’s Filipino journalists, few, if any, can perhaps match the length and depth of my coverage of Ninoy Aquino and his widow, Corazon Co-juangco Aquino. Every year too, during the martial law years, Ferdinand Marcos granted me an exclusive interview, something no journalist at that time had the privilege. So I heard both sides of the political fence. I have seen the folly of the past, I see the present in that light, and I can perhaps anticipate with some confidence, the wisdom of the future.

The only thing I missed was visiting Ninoy during his three years of exile in Boston. I didn’t have the time to do that.

My Asiaweek reportage of Ninoy’s assassination and his funeral is the best there is at that time. Every single copy of the 10,000 copies printed of the assassination and the funeral issues was sold out on a single day, a publishing record for a foreign weekly. I covered extensively the six years and four months of the Cory Aquino presidency. This is an important point to consider because I will do later an analysis of the Cory Aquino presidency.

As a journalist, I had my first glimpse of Ninoy when I was a business reporter of The Manila Times. The senator used to drop by the Times offices in Florentino Torres Street, Sta. Cruz, Manila, bringing merienda to the editors and staff of the paper and its sister publication, Taliba. Ninoy had a way with newsmen that readily captured their friendship, if not support. He assiduously cultivated the political backing of Chino Roces. The Times then had greater circulation than all the other newspapers combined.

When martial law was declared in September 1972, I lost my Times job but quickly joined two newspapers, the newly formed Times Journal and the Mainichi Shimbun, Japan’s oldest daily. Three years later, I joined Asiaweek, then a struggling Hong Kong-based weekly which was later acquired by The Readers Digest and then, Time Warner of New York, as a sister company of Time Magazine.

As a foreign correspondent, I covered the Aquino trial for subversion, rebellion and murder. Covering Ninoy was something that required courage in those days. No Filipino journalist wanted to read nor publish his press statements. You would never know whether the military was shadowing you on the way back to the office from the hearings of the military tribunal which Ninoy refused to recognize and which had a decidedly anti-Ninoy bias. In 1977, the opposition leader was later convicted and sentenced to die by musketry. Upheld by the Supreme Court, this conviction, I believe, laid the foundation for Ninoy’s assassination by the military on August 21, 1983. With daylight murder, the military in effect executed Ninoy’s death sentence six years later. Whatever doubts the military had about killing Ninoy were removed by that conviction.

Ninoy was jailed for seven years and seven months. During Christmases and some special occasions, he was given extended furlough (a privilege never given the jailed Joseph Estrada) and he would stay at his Times Street home in Quezon City. He gave interviews and welcomed select foreign correspondents like me with a warm heart and an even warmer hospitability. On more than one occasion, he would ask Cory to make coffee for Ninoy and me, with some cookies too. That was Cory, the dutiful, uncomplaining housewife. In a dozen years, she would be president of the Philippines.

Being a former journalist himself, a very good writer and the most dynamic of political leaders at that time, Ninoy made good copy. (Jose W. Diokno and Jovito Salonga claimed to be more brilliant but they had intellectual arrogance; cancer-stricken Diokno confessed to me at his hospital sickbed that the first time he met me, he wanted to punch me, because of the way I asked questions; while Salonga lectured me on the phone that no one could rival him in terms of prosecutorial talent).

During my visits at his Times Street house (it had so many rooms where Ninoy could conduct meetings simultaneously yet separately with different groups of people), we would retire to a small private room for my interview.

Ninoy made me feel very important with the exclusive uninterrupted attention he gave me. There was a time he typed his answers to my anticipated questions para di ka na mahirapan, he said. Then, he would ask me questions on the situation, in the political and security context. He accepted the fact that he was a captive of the military and that Ferdinand Marcos was his jailer. There was another time, he gave me several poems typewritten and autographed by him, regalo ko sa yo, he said.

STREET TALK: Power did not consume her

2009-08-11T10:53:00.000-07:00

By Greg Macabenta

The propaganda torpedoes whom the Marcos machinery mustered for the snap election in 1986 pounced on the obvious inadequacy of Corazon Aquino to foil her candidacy, summed up in the derisive quip: “She is just a housewife.”

This was a stark contrast to the credentials of Marcos who was routinely described as brilliant. But that “quality” was his undoing. We had had enough of brilliance used for corrupt and self-serving ends. We were convinced that honesty, integrity and good intentions w ere all our country needed to right the wrongs of the Marcos dictatorship. We were also convinced that, with democratic institutions restored, the rest would logically follow. Economic recovery. A triumph over poverty. Reforms in government. Efficiency in the bureaucracy. The return of civic responsibility. The dismantling of fiefdoms.

Sadly, we were wrong.

Cory Aquino's enduring legacy is that she lived true to her mandate of restoring freedom and democracy. In doing this, she never faltered. In the face of the temptation that the current occupant of Malacañang and her minions in Congress have found irresistible, Cory insisted on the inclusion of a no-reelection provision in the new Constitution and graciously turned over the enviable powers of the presidency to her successor.

We will always remember Cory for that act of nobility and patriotism, and will forever be grateful. No one can argue that she was the moral20force our country needed, at that precise point in our history, to dismantle the authoritarian structures and heal the wounds inflicted by Marcos. Neither can anyone question her own personal integrity, her courage in the face of several coup attempts, and her commitment, long after she had left office, to the causes for which our people have continued to struggle.

But she was unprepared for the charlatans, schemers, leftists, separatists, militarists, business monopolists and plain crooks, criminals, opportunists and incompetents who besieged her presidency. She had to deal with groups and individuals whose interests would not be served by reforms - and many of them prevailed. Worst of all, she had to deal with certain members of her own family.

Cory Aquino will be remembered and honored for being the beacon that lighted the way for our people. The outpouring of grief over her passing is testimony to the affection that the nation has for her, in contrast to the derision being profusely hea ped on Gloria Macapagal-Arroyo.
The fact is that, Arroyo has done many good things for our country, even if she could not resist exaggerating some of them in her annual SONA. But the scandals identified with her tenure are what she will be marked for. That should serve as a warning to those who abuse power. History will be their ultimate judge. To paraphrase Mark Anthony in his eulogy to Julius Caesar, the evil that Arroyo and her co-conspirators have done will live after them. The good will be interred with their bones.

On the other hand, the failings of Cory’s presidency should also serve as a warning to those of us who continue to believe that good intentions are all we need to solve our country’s many problems.

Indeed, we are so naïve that we are readily impressed by Motherhood promises and clever slogans, good looks, sweet talk and “star power.” While we acknowledge that it takes medical expertise to become a doctor, knowledge of jurisprudence to become a lawyer, and specific skills to qualify for a vocation, we have this inexplicable impression that it only takes charm, good intentions and Pure Unadulterated Honesty and Integrity to become president of the Philippines. We refuse to acknowledge the wisdom of the Peter Principle.

We place a lot of importance on likeability and outward humility, typified by the comment of one employee in Congress who was asked why she chose then Congressman Chiz Escudero as a likely presidential contender: “Mabait kasi.” (Because he’s nice). This also explains why, despite his impressive record of performance, Dick Gordon scores so low in the polls. “Kasi, mabigat magdala.” (Because he is heavy-handed.)

We are fascinated by the Robin Hood syndrome. We don’t mind public officials stealing from the rich provided they give to the poor. We are willing to tolerate corruption if mitigated by performance. “Nagnanakaw nga, pero may ginagawa namang mabuti.” (He may steal but, at least, he’s doing something good .”) We rationalize our own bad habits by voting for the candidate who possesses all of them in generous measure, “Pero may pagmamahal sa mahirap." (But he loves the poor). Which is why Erap Estrada continues to rate high in the surveys.

Lee Kuan Yew would never win in a Philippine election. And even if he were to win, he would have to survive assassination attempts and would have to deal with more than the seven coup tries that beleaguered Cory.

I admire Cory Aquino for the same reason that millions regard her with such affection. But I was also critical of her throughout her presidency, for what she lacked as a chief executive and for being unwilling to wield the power that could have dismantled the business, political, social and religious structures that weighed down the country. Like it or not, a strong man is what we badly need. But one who will not become power mad, as Marcos was.

I understand that Ninoy would have been such a strong man, had he become president. But would he have been consumed by power? We will never know. We do know that about Cory. She did not allow it. Would Ninoy also have threatened to jail his own relatives, in the manner of Lee Kuan Yew? Who knows? We do know that Cory could not.

A first person account, by someone who had no reason to exaggerate to me, is about Ninoy explaining to him what he would do about corrupt officials. According to this narrative, Ninoy said that he would not hesitate to line up the crooks before a firing squad, to serve as a warning to others.

Perhaps, with Cory’s compassion and her rare ability to hold power without being consumed by it, all she needed was a measure of her husband’s ruthlessness to have enabled her to achieve the other important objectives of the People Power revolution, aside from restoring democracy.
I mourn the passing of Cory Aquino. Witnessing so much opportunism, so many instances of abuse of power, so much dishonesty and the absence of a sense of shame among those caught redhanded, makes her passing so grievously felt.

My fear is that the qualities that endeared her to all of us are so compelling that, in the forthcoming presidential elections – assuming there will be one – we may forget, once again, that being loved is only one essential part of being president. Knowing what to do and getting them done, despite the risk of being unloved, is the other essential part.

Unfortunately, this is the very argument that Gloria Macapagal-Arroyo has been using to justify the unjustifiable. But, unlike Cory, power has gone to Arroyo's head..
(gregmacabenta@hotmail.com)

FROM THE CAPITOL: California’s budget

2009-08-04T11:20:00.000-07:00

By Leland Yee

Two weeks ago, the California Legislature made major revisions to the 2009 State Budget in order to fill an additional $23 billion shortfall. In all, the Senate approved 30 bills that resulted in billions of dollars in cuts and several major policy changes. The Governor signed the package of bills last week, but only after several line-item vetoes were made.

Historically, I have voted against cuts to education, social services, and healthcare as well as any weakening of labor or environmental laws, again voted no on all such cuts and policy changes. Out of the 30 budget bills, I voted against 13 of the bills, including all cuts to local government, education, human services, and healthcare. I also voted against new oil drilling off California’s coast and against several administrative changes to programs for the poor and disabled.

Despite the Legislature’s approval of the budget package, Governor Arnold Schwarzenegger continues to favor attacking children’s health insurance, state assistance to the elderly and disabled, and now the state’s AIDS prevention program rather than recommending the closure of tax loopholes for corporations and the wealthy.

The Governor’s budget line-item vetoes once again demonstrate the ideological divide between Republicans and Democrats. This budget was a ‘goodie bag’ of Republican principles, of which I could not support. While the budget solves an immediate and critical problem, the long-term impacts of these cuts will have dire consequences.

We should not be passing the budget on the backs of seniors, students, the poor and disabled. These vulnerable individuals are suffering enough during this economy and need our assistance more than ever. I am deeply disappointed that new revenues, including taxes on the rich and oil severance, were not even put up for a vote.

I have fought to protect California’s coast and prevent any new offshore oil drilling. In 2005, I authored and passed with bipartisan support legislation declaring California’s opposition to any weakening of the federal offshore oil drilling moratorium.

Any additional offshore oil leasing and production would degrade the quality of our air and water, threaten endangered species, adversely impact our marine resources, and further hurt our economy. The protection of California’s coastline is vital to our wildlife and our economy – especially commercial fishing and tourism – which annually contributes over $50 billion to the state’s economy.

As the cuts made to this budget begin to affect our state agencies and its programs, many Californians will be left strapped, with fewer resources available. Feel free to contact my office at (415) 55707857 and we will gladly direct you to a program that can provide the assistance you need.

VIRTUAL REALITY: SMC: Emerging infrastructure giant

2009-08-04T11:19:00.000-07:00

By Tony Lopez

Meralco shares hit a high of P302 per share on Wednesday, July 29. The speculation is that Ramon S. Ang, the president of San Miguel Corp. (SMC), has challenged Manuel V. Pangilinan, the chair of the Philippine Long Distance Telephone Co. (PLDT), to buy him out so the latter can buy control of the country’s largest utility distribution company.

If Pangilinan bites the bait, it will drain his financial resources. As of July 29, Meralco was worth P326 billion. Ang says his group controls 43 percent of Meralco, which could be valued at P140 billion, far more than PLDT’s equity of P111 billion.

SMC vs. PLDT. Ang vs. MVP. This is clearly a tussle of titans. Meralco seems like the first of what could be several battles between the two groups in a large-scale war over control of the country’s infrastructure networks—in utilities like power, telco and water, in roads and tollways like the North and South Luzon expressways and their extension lines, and in the exploitation of the country’s natural resources like mining.

San Miguel is just now gaining traction as it undertakes its biggest diversification and expansion in its 119-year history. It will become the largest conglomerate in the Philippines and the biggest infrastructure company. It has bought chunks of Meralco, Petron, Liberty Telecoms, and the consortium that will build and run the Tarlac-La Union tollway (SMC wants to hike its stake to 51 percent). It is looking at other acquisitions.

Infrastructure—power, water, telco, highways and mining—is the best business of the 21st century. It is a necessity for a country that is now middle class and has a huge appetite for big-ticket items on its way to full industrialization and modernization.
“Beyond seeking profit,” explains SMC Chairman and Chief Executive Officer Eduardo Cojuangco Jr. “we want to be in industries that serve as the backbone of our country’s development, and impact the lives of Filipinos in a meaningful way. We are committed to this vision because we have complete confidence in our country’s potential.” “We are well-placed to literally fuel the progress of the nation,” he added.

Payback can be quick and substantial. SMC bought the 27 percent chunk of the GSIS in Meralco for P90 per share, three years to pay. The cost to SMC: P40 billion. Together with allies, SMC claims to control up to 43 percent of Meralco. At P302 per share, the 43 percent is valued at P144.65 billion.

Petron, meanwhile, has risen 52 percent in market value giving SMC a paper gain of P9 billion in just eight months.

SMC’s 27 percent in Meralco is worth P90.8 billion, giving the beer and food conglomerate a clean profit of P50.8 billion, assuming Meralco remains steady at P300 a share. Share price, however, has nosedived to more reasonable levels. Assuming SMC makes a capital gain of P40 billion, that’s still more than double its P19.3-billion net income in the whole of 2008.
The P40 billion can finance SMC’s other acquisitions and diversification moves. Like the $1.1-billion Laiban dam water project, which Ang believes can supply up to 5,000 million liters a day, half of the water needs of Metro Manila in ten years. He says San Miguel will charge only P18 per cubic meter, below what the Ayala-owned Manila Water and the MVP-Isidro Consunji-owned Maynilad Water are charging now.

There is money in water. Manila Water got a rate increase of 50 percent per year for five years from the government enabling it to more than double the rate MWSS was charging when it awarded the concession to Ayala in 1997.

At that time, the West and East water concessions were estimated to need $7 billion to develop. Ayala invested only P27.3 billion in the last four years (far below the P175 billion or half of the peso equivalent of $7 billion) and brought up net worth from P5.1 billion in 2004 to P14.5 billion in 2008. Market cap is P31.57 billion.

Laiban dam also has the potential for a 1,000-megawatt power plant where SMC can make even more money. Power plants are usually guaranteed profits.

The P180 (P200 before President Gloria Arroyo ordered a reduction) that the Manila North Tollways charges now for the Balintawak to Dau leg used to be only P25. Toll at the Manila South Expressway also rose ten-fold with the private concessionaire. That, says Ang, is highway robbery.

For his part, Pangilinan’s infra vehicle is the Metro Pacific Investment Corp. (MPIC). The PLDT-MPIC group has invested in Maynilad Water Services, in joint venture with DMCI; mining with a 20 percent stake in Philex; and the Manila North Road tollways.

Already, PLDT-Smart is the country’s largest wireless phone provider. Ang is challenging that leadership with a phone service, which he says could be 80 percent cheaper. Now, that’s public service.

VIRTUAL REALITY: Is it Erap vs. Noli?

2009-06-30T15:44:00.000-07:00

By Tony Lopez

Will the May 2010 presidential election be a fight between Vice President Noli de Castro and former President Joseph Ejercito Estrada?
That seems to be the emerging trend, based on a survey conducted May 4 to 17, 2009 by Pulse Asia. Noli de Castro led the pack with 18 percent of voters picking him, followed closely by popular young Sen, Francis “Chiz” Escudero, 17 percent, and Estrada, 15 percent.

The survey involved 1,200 respondents and has a three percentage-point margin of error. That means de Castro, Escudero and Estrada are in a statistical tie for first place.

An Erap-Noli tussle is possible only if the ousted former president were allowed by the Supreme Court to run. Estrada thinks the Supreme Court will have no choice but qualify him to run based on the doctrine of sovereign will of the people.

In second tier are: former Senate President Manuel Villar Jr, 14 percent and Sen. Manuel Araneta “Mar” Roxas 2nd, 13 percent. In the third group are single-digit presidentiables: Sen. Loren Legarda, 7 percent; Makati Mayor Jejomar Binay, 4 percent; Sen. Panfilo Lacson, 4 percent; Sen. Richard Gordon, 1 percent; telco tycoon Manuel Pangilinan, 1 percent; Chief Justice Reynato Puno, 1 percent; and Defense Secretary Gilbert Teodoro, 1 percent.

Estrada thinks Noli de Castro is the administration’s frontrunner candidate. That being the case, the vice president could be defeated only if the opposition were united. If the opposition cannot unite, the former president threatens to throw his hat into the ring.

Since the likelihood is that the opposition will never unite—it has never done so since the 1985 snap election won by Ferdinand Marcos by the official count and claimed by Corazon Aquino in a People Power revolt—Estrada seems to have geared up for a big showdown with de Castro. Among all opposition candidates, the former movie actor in 180 films and veteran politician of 32 years, has gone to the most number of places and touched base with the most number of voters in his so-called Pasasalamat sa Bayan sorties.

The former broadcaster is tops among E or lowest income voters—25 percent vs. the second placer, Erap with 19 percent. Noli is also first among the D class—17 percent, vs. 16 percent for Escudero and 15 percent for Erap. Young Chiz, however, is the leader in Metro Manila with a formidable 26 percent. Noli is a poor second with 15 percent, Villar third with 14 percent, and Erap, the original masa president, fourth with 13 percent.

Sen. Mar Roxas is the first choice of Visayans with 22 percent, followed closely by Villar, who claims his mother is from Iloilo, with 20 percent. Noli is third with 18 percent, Escudero fourth with 15 percent, and Erap a distant fourth with a paltry 6 percent.

Erap thinks 2010 is still anybody’s game. So does Pulse Asia.

“Filipinos are still divided when it comes to their choice of their next president,” the respected pollster said. “If the May 2010 elections were held today, five individuals would garner about the same percentages of votes cast. These are de Castro [18 percent], Senator Escudero [17 percent)], Estrada [15 percent], Villar Jr. [14 percent], and Mar Roxas [13 percent].”

In Metro Manila and the best-off Class ABC, Senator Escudero (26 percent) is the top presidential bet. In Mindanao, former President Estrada (27 percent) and Vice-President de Castro (21 percent) have almost the same voter preferences.

The five presidential leading candidates also enjoy nearly the same levels of electoral support in the rest of Luzon (13 percent to 18 percent) and the most numerous Class D (14 percent to 17 percent).

About one in three Filipinos (34 percent) is voting for his/her preferred presidential bet because of the candidate’s being helpful to others, particularly the poor (27.3 percent) and OFWs (6.6 percent). Having many accomplishments is cited by just 11 percent.

A candidate’s being clean or not corrupt is cited by 7.1 percent, one’s goodness as a person (i.e., being mabait or mabuting tao) is mentioned by 5.6 percent, and one’s being a fighter (i.e., palaban) is identified by 5.4 percent as the reasons for favoring a presidential bet.

A third of respondents cited other attributes like: intelligence (5.0 percent), being a kababayan or townmate (3.0 percent), good intentions for the country (2.5 percent), independent or may sariling disposisyon (2.4 percent), good at what he/she does (2.3 percent), pro-people or makatao (1.9 percent), knowledgeable in the management of governmental affairs (1.8 percent), strict (1.6 percent), hardworking (1.6 percent), having the ability to fulfill promises made and other things (1.3 percent), loyal (1.3 percent), used to poverty or being poor (1.1 percent), young (1.1 percent), and approachable (1.0 percent)

FROM THE CAPITOL: Reining in the Arrogance of UC Administrators

2009-06-30T15:42:00.000-07:00

Amendment would Protect Student and Taxpayer Dollars

By State Senator Leland Yee

In 1879, the University of California Board Of Regents were granted autonomy on most issues related to the management of the institution and thus rarely subject to public oversight. As a result, statutory laws are generally not binding over the UC, leaving an appointed and unresponsive board with exclusive authority to run the UC in a manner often not reflective of the will of the people.

Last month, I proudly joined UC students and employees to introduce bipartisan legislation that would bring much-needed public oversight, access, transparency, and accountability to the University. Senate Constitutional Amendment 21 would allow the voters to decide if the UC Regents deserve to maintain their autonomy and circumvent the tenets of good governance.
As an alumnus of UC, I believe it is long overdue for the UC administration to stop conducting the business of the public university system as if it were a private club. Only five other public universities in the country have a similar status, with UC receiving the greatest level of autonomy. This governance model – developed during the days of the horse and buggy – certainly should be revisited.

All too frequently, the University has violated the public trust, most recently when the Regents approved double digit compensation hikes for two new chancellors, with each earning over $400,000 in addition to the many perks and benefits enjoyed by these executives. Such compensation packages far exceed those earned by even the President of the United States and the Governor of California. In the same meeting these salaries packages were approved, the Regents significantly raised student fees and precluded public comment by holding the meeting via teleconference.

Despite several attempts to reign in such egregious actions, the questionable conduct continues – public records request are denied, workers are disenfranchised, high executives are granted “golden parachutes” and then immediately rehired, whistleblowers are retaliated against, and contracts are kept secret and often not put out to a competitive bidding process. In the case of the UC Retirement Plan, the management contracts were given to firms owned by family members of the UC Investment Advisory Committee. These high-priced pension consultants replaced professional university financial staff who managed the plan with far greater success.

The need for SCA 21 has never been greater. While students are hit with huge fee increases, top UC administrators receive exorbitant salary hikes. The UC Regents use Californians’ hard-earned tax dollars for luxurious holiday jaunts, to reward family and friends with lucrative public contracts, and to even install a dog run for one chancellor, while simultaneously allowing thousands of workers to live on poverty wages. In these tough economic times, California residents have been asked to sacrifice. Our state budget and our residents cannot afford to furnish university executives with lifestyles like that of the rich and famous.

Please join our bipartisan coalition supporting SCA 21 that will restore the luster of the University of California as an invaluable public asset, ensure taxpayer dollars are not used to line with gold the pockets of university bureaucrats, and create the oversight necessary to ensure the Regents keep the public interest at heart.