FRMO THE CAPITOL: Better Healthcare for California

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

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

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

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

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

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

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….

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

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

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????

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?”

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

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

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

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

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

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

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