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CRIMINAL AND TAX
PENALTIES ON
REPORTING OF FOREIGN
BANK AND FINANCIAL
ACCOUNTS (FBAR)
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for more details.
Stop creditors’
harassment by filing
bankruptcy
Options for a seaman
to adjust status
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See whole article on page 3 for
more details.
ENTERTAINMENT
Janine Gutierrez says boyfriend
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swimsuit pictorial for Preview page 13
FREE
Court freezes
Binay
assets
T
VOL. 3 ISSUE 29
VIEW US ONLINE: WWW.FILAMPOST.COM
Binay family’s counsel JV Bautista (center) and Vice President Jejomar Binay’s spokesman Joey Salgado (standing, right) are in a huddle before a Senate hearing on the allegedly overpriced Makati parking building II on Jan. 29, 2015, with Rep. Abby Binay, lawyer Claro
Certeza and (sitting) lawyer Dodo Sarmiento and former Senators
Joker Arroyo and Rene Saguisag. Binay’s camp on Tuesday, May
12, said the Liberal Party had a copy of the report by the Anti-Money
Laundering Council on his bank accounts, expressing fears it might
use the report to further destroy him.
he Court of Appeals (CA)
has granted a petition by the
Anti-Money Laundering Council (AMLC) to freeze the bank
accounts of Vice President Jejomar Binay totaling P600 million.
The 33-page order issued on
May 11 also covered bank accounts of Binay’s son Makati
Mayor Jejomar Erwin “Junjun”
Binay Jr., his wife Elenita and his
alleged dummies Gerardo Limlingan, Eduviges Baloloy, Antonio Tiu, Lily Hernandez Crystal,
Carmelita Palo Galvan, Francisco Balaguer Baloloy, Bernadette
Cezar Portollano, Mitzi Sedillo,
Margeurite Lichnock, Melissa
Gay Castañeda Limlingan, Victor Limlingan, James Lee Tiu,
Pee Feng Lee, Ann Lorraine
Buencamino Tiu, Frederick Dueñas Baloloy, Mario Alejo Oreta,
Jose Orillaza, Daniel Subido,
Man Bun Chong,
Joy Mercado and
MAY 14, 2015 - MAY 20, 2015
Omni General Services Inc.
tains in Makati—in the Office of
The order was issued in con- the Ombudsman.
nection with the investigations
being conducted by the Office
(Cont. on Page 6 )
of the Ombudsman on alleged
irregularities in the construction
of the Makati City Hall Building II, purportedly overpriced at
P1.3 billion, and Makati Science
High School. A copy of the order
was secured by the Inquirer.
“The ex parte petition for the
issuance of a frozen order is
granted. A freeze order is hereby
issued valid and effective immediately for a period of six
months,” said the order by the
CA’s First Division. It said Binay’s accounts in banks, insurance and securities companies
should be frozen “wherever they
may be found.”
The AMLC petition stemmed
from complaints filed by Nicolas
Enciso VI and Renato Bondal—
former barangay (village) cap-
At least 3 dead as fire hits footwear factory in Valenzuela
Palace promises to go after
hree were confirmed
dead in an ongoing
fire in a factory of slippers
at Tatalon Street in Barangay (village) Ugong, Valenzuela City.
In a report by Radyo Inquirer Wednesday afternoon, Supt. Crispulo Diaz
of the Bureau of Fire Protection (BFP)-NCR said
the casualties died of suffocation.
Barangay Ugong desk
officer Solomon Cabanez
was quoted as saying that
around 300 employees are
trapped inside the burning
T
Havanas Sandals factory.
A security guard working
in the factory, meanwhile,
said around 200 employees are trapped.
Valenzuela City Mayor
Rex Gatchalian also arrived at the fire scene,
as the local government
started bringing cadaver
bags.
“At any given time,
there are 40 to 50 workers
trapped inside,” Gatchalian said.
As of posting, the BFP is
still confirming (Cont. on Page 6 )
allies in pork scams
M
alacañang on Tuesday
insisted it would go after a new batch of lawmakers—many of them allied
with President Aquino—
who were tagged in another
pork barrel scam involving
foundations not affiliated
with Janet Lim-Napoles.
Communications Secretary
Herminio Coloma Jr. said
authorities should determine if the lawmakers had
indeed funneled their pork
barrel allotments to questionable nongovernment or-
ganizations (NGOs).
“The government is unfazed in its resolve to go
against the misuse of public
funds,” Coloma said in Filipino. “We have to know the
truth and identify those who
violated the law and make
them accountable.”
A total of P670 million in
pork barrel funds was supposed to go to Muslim Filipinos through the National
Commission on Muslim
F i l i p i n o s (Cont. on Page 2 )
(NCMF).
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PAGE 2
May 14, 2015 - May 20, 2015
NEWS ROUND-UP
IBP says it will back BBL if it’s within
parameters of existing laws
The Integrated Bar of the Philippines
(IBP) is keeping a watchful eye on the
proposed Bangsamoro Basic Law (BBL)
to decide whether the national organization of lawyers will support it or not.
IBP President Vicente Joyas said they
will wait on what will be the law that will
be approved.
“The government shall be assured that
if the law which would be approved are
well within the parameters of the Con-
stitutional and existing laws of the Republic, we are announcing it today that
the IBP will be fully supportive of that
particular law and will promote its implementation,” Joyas said during the
launching of the special edition of the
IBP Journal on the BBL.
Peace must be secured within the parameters of our Constitution and existing
laws,” he added otherwise they will raise
the issue before the Supreme Court. IDL
Aquino mulls bonus hike for GOCCs
With dividends from government-owned royo’s term (2001-2009), from 2010 to
and -controlled corporations (GOCCs) 2015 alone, his administration was able
surpassing that of his predecessor, Presi- to raise P131.28 billion.
He said the push for efficiency might
dent Benigno Aquino III on Wednesday
prevent GOCC emcalled for a reployees from receiving
view and posthe bonus that they desible increase in
serve. He said he wantthe bonuses of
ed to “maximize benGOCC employefits for everybody.”
ees.
Earlier in his term,
Aquino anAquino suspended bonounced his decision,
which
nuses and allowances
was applauded
of GOCC executives.
by the audience,
Several GOCCs were
during the turnalso abolished.
over of more
“Pakiusap ko po wag
than P30 billion President Benigno Aquino III. INQUIRER tayong titigil, wag
tayong makontento sa
worth of GOCC FILE PHOTO/EDWIN BACASMAS
nagawa na,” he said,
remittances
to
challenging
those
the national treawho attended the annual GOCC Day in
sury.
He pointed out that while P84.18 bil- Malacañang. IDL
lion in remittances were collected during
former President Gloria Macapagal-Ar-
Gov’t urged to dig deeper into
P670M pork scam
Speaker Feliciano Belmonte Jr. on Tuesday
said the government should dig deeper into the
P670 million in pork barrel funds that allegedly went to dubious nongovernment organizations (NGOs) recommended by 49 lawmakers
instead of the targeted Muslim communities.
“If the money ended up with the NGOs and
they cannot account for them, certainly that
has to be investigated,” said Belmonte, a vice
chair of the Liberal Party (LP).
The Commission on Audit (COA) said Senators Juan Ponce Enrile and Gregorio Honasan II and 47 administration lawmakers were
involved in alleged irregularities in the disbursement of P670 million from the Priority
Development Assistance Fund (PDAF) and
Disbursement Acceleration Program (DAP)
between 2011 and 2013.
Belmonte said he was vaguely aware that
some of the House of Representatives’ members coursed their PDAF and DAP through
the National Commission on Muslim Filipinos
(NCMF).
With only 67 percent of PDAF-DAP funds
liquidated, Belmonte said the COA should
“continue to investigate it and to take whatever
proper measures were necessary.”
But Belmonte cautioned against generalizing
the COA findings to include all of the 47 lawmakers named.
“Those people who have adequately explained themselves, there, I think we should
not make them—unless there are evidences
against them—we could not keep on bantering their names. But those whom the COA has
found unsatisfactory or inadequately documented their liquidation or the destination of
their money, that should be followed up,” Belmonte said.
Out of the 47 representatives, Belmonte said
only 20 or 21 were incumbent and LP members. He said there was no need to call the LP
members because he expected them to “voluntarily explain themselves to the COA first and
show how the money went to the Muslim
organization.”
FIL-AM POST
OBANDO FERTILITY RITES IN
By Rudy M. Viernes
BURLINGAME
The Obando Fertility Rites is an age-old
dance ritual held during summer in Obando, Bulacan, Philippines. It will be recreated in Burlingame, CA on Saturday,
May 16, 2015 at the Our Lady of Angels
(OLA) parish grounds, and sponsored by
the Obandenian Association of Northern
California in cooperation with the OLA
Filipino-American Community of Burlingame.
The traditional festivities are held during
a three-day fair in Obando in mid-May to
honor its trio of patron saints, each day
with its quaint anecdote. But in the end it
encapsulates one wish list of the revelers,
many are childless couples coming from
out-of-town, to grant a spirit of life into
the wombs of their infertile wives. They
pray and sashay in the streets with replicas of the saints on their shoulders to the
tune of a fandango “Santa Clara PinungPino” (Saint Clare, Most Refined). In testimony to the magic and mystery of the
ritual a Fertility Dance and Monument is
installed in front of the Obando municipal hall, while a historical marker stands
in front of both the church and municipal
building by the National Historical Commission.
The first of the three feast days is May
17 for St. Pascual Baylon, the patron saint
of fertility and model of religious virtue. The origin of this festival goes back
to the Kasilonawan, an ancient fertility
dance said to promote pregnancy in barren women.
May 18 is for Santa Clara (St. Clare, a
13th century nun of Assisi, Italy) who
became the first patron saint of Obando
(formerly called Catanghalan), and eventually evolved as the patroness of individuals seeking for a life partner and to have
children. Clara in Spanish means “claro”
which is the brightening of the skies after
a long season of bad weather. This later
became the start of a tradition when Obandenians offered eggs to Saint Clare to supplicate for good weather. This belief was
replicated in many towns of the country
by those asking for fine skies when they
stage special outdoor celebrations.
May 19 is for Nuestra Señora de Salambao, also known as Our Lady of Salambao, the saint to whom fishermen beseech
for a bountiful catch. Local lore narrates
of a miraculous discovery of an image of
the Virgin Mary in the net called “salambao” of three fishermen. When they
thought of bringing the image to neighboring Navotas town their raft suddenly
became immovable. When they decided
to bring the image to Obando their boat
quickly lightened and easily paddled. This
was taken to mean that the Virgin wanted
her image enshrined at the Obando church
where she eventually became the patroness of fishermen.
A few years after WWII then Archbishop
of Manila and the Obando parish priest at
that time forbade the practice of the ritual
because of its pagan origin. There was an
outcry. Who would deny the testimonies
of many grateful childless couples who
soon bore children after joining in the
dance ritual? So, in 1972 Rev. Fr. Rome
R. Fernandez and the Commission of Culture of Obando lifted the ban and revived
its practice. The local tourism industry
welcomed it and business flourished.
The May 16 affair in Burlingame will
start with a mass at 11 am to be celebrated
by Rev. Fr. Michael Mahoney, OFM, pastor of Our Lady of Angels, followed by a
procession of replicas of the three saints
borne on the shoulders of the revelers,
lunch, games for kids and adults and folk
singing. The public is invited.
The Obandenian Association of Northern California was founded in 1981. Its
present officers are Edgardo San Diego,
president; Thelma Sy, vice president; Josephine Claridades Sanchez, secretary;
Nelia Oblea, treasurer; Dr. Elpidio dela
Cruz, business manager; Sam Regis and
Francisco Sto. Tomas, sgt-at-arms. Gene
Rebosura is the president of the Fil-Am
Community of OLA, Burlingame.
DOTC approves bus services for
Naia arrivals
The Department of Transportation and
Communications (DOTC) is planning to
open bus services at Ninoy Aquino International Airport (Naia) that will take arriving
passengers to at least four cities in Metro
Manila.
Under a scheme that the DOTC said could
be implemented within the year, buses will
be ferrying new arrivals to Makati City,
Mall of Asia in Pasay City, Bonifacio Global City in Taguig City, and Ortigas center
in Pasig City, DOTC spokesperson Michael
Sagcal said.
“For arriving airline passengers, the first
trip is getting from the airport to their
homes, hotels and business centers. We are
expanding their options to modern buses,
so they will not have to rely on taxis alone.
This is part of our bus reform program,
which will improve passenger safety and
convenience,” Transportation Secretary Jo-
seph Abaya said in a statement on Tuesday.
“These higher-capacity vehicles will benefit not only travelers and tourists but also
airport employees and greeters. We hope
that with more efficient use of road space,
this will help ease traffic congestion around
airports as well,” Abaya added.
The buses are part of a new category of
mass transport vehicles that the DOTC has
designated to include transport services that
rely on smartphone applications, like Uber
and GrabCar.
Under this new category, airport buses
will be required to comply with new service standards, like having onboard closedcircuit television cameras, global positioning system (GPS) devices, automated bus
arrival electronic displays, cashless or
automated fare collection systems and
free Wi-Fi.
(Cont. from page 1...PALACE PROMISES) ping up cases in the Department of Justice
(DOJ) to concentrate on running for senator
But the funds were redirected to bogus founin next year’s elections.
dations based on the recommendation of 49
“I know that many are already criticizing
lawmakers, including Senators Juan Ponce me with respect to that, and I take this opEnrile and Gregorio Honasan II, according to portunity to clarify that I was not saying that
the Commission on Audit (COA).
it’s no longer a priority. It still remains to be
The 21 NGOs picked by the two senators and a priority, only that we still have many other
47 representatives, 15 could not be found at priorities,” she said.
their supposed addresses, according to the
One critic, lawyer Levito Baligod, accused
COA.
the DOJ of “straying away from the fight
Nine of the foundations that received a bulk against corruption.”
of the congressional allotments were not
Baligod, the former counsel of the state witowned by Napoles, the alleged mastermind nesses in the earlier PDAF cases pending in
of the P10-billion pork barrel scam.
the Office of the Ombudsman or being tried
Among the lawmakers who allegedly re- by the Sandiganbayan, threatened that he
leased part of their pork barrel allocations to himself would file the cases against at least
questionable foundations were Aangat Tayo 34 more people involved in the scam.
Rep. Daryl Grace Abayon (P44.8 million),
De Lima said she had instructed probers
Lanao del Norte Rep. Fatimah Aliah Dima- from the DOJ and the National Bureau of
poro (P40 million), I-Care Rep. Salvador Investigation, who were assigned the remainCabaluna III (P37.5 million), Sulu Rep. Nur- ing cases, along with those already filed, two
ana Sahidulla (P35 million), and I-Care Rep. years ago, to speed up their work and submit
Michael Angelo Rivera (P27.5 million).
a final recommendation within two weeks.
Also on Tuesday, Justice Secretary Leila de
She said she had assigned these cases to UnLima turned around and told reporters she dersecretary Jose Justiniano.
would file the third batch of cases pertaining
“He is also quite busy … But I will be meetto the Napoles scam involving the Priority ing him, I will ask him to already give me
Development Assistance Fund (PDAF).
a final recommendation with respect to the
De Lima earlier drew flak from politicians third batch. It should no longer be delayed,”
and anticorruption groups that she was wrap- she said.
IMMIGRATION
FIL-AM POST
PAGE 3
May 14, 2015 - May 20, 2015
Options for a seaman to adjust status
By Atty. Crispin C. Lozano
M
any seamen who came to the United
States and married a U.S. citizen
spouse but could not adjust their status to
that of lawful permanent resident.
The first question to answer is: Do they
have Sec. 245(i) eligibility? If they are the
direct or derivative beneficiary of a petition
or labor certification dated April 30, 2001 or
earlier and they have been in the U.S. since
December 21, 2000, then they can adjust
status.
However, if they have no Sec. 245(i) eligibility, then the other avenue is the latest
immigration procedure of PROVISIONAL
WAIVER. This provisional waiver will allow the following aliens who are married
to U.S. citizens to seek waiver of unlawful
presence and be able to go to their home
country to apply for green card. To qualify,
they must prove extreme hardship to the
U.S. citizen spouse or parents if their application for permanent residence is denied.
The beneficiaries of this provisional waiver will include:
1. Seamen who entered the U.S. on a C or
D visa and overstayed their visa and are not
beneficiaries of Sec. 245(i).
2. Those who entered without inspection
and are not beneficiaries of Sec. 245(i)
3. Those who entered as Fiancée and did not
marry the visa petitioner.
4. Those aliens who have lost their passports
and have no proof of legal entry to the U.S.
Eligibility Requirements
To be eligible for a provisional unlawful
presence waiver you must fulfill ALL of the
following conditions:
1. Be 17 years of age or older.
2. Be an immediate relative of a U.S. citizen
(not a preference category immigrant who
has a visa available). An immediate relative
is an individual who is the spouse, child or
parent of a U.S. citizen.
3. Have an approved Form I-130, Petition
for Alien Relative, or Form I-360, Petition
for Amerasian, Widow(er), or Special Immigrant.
4. Have a pending immigrant visa case with
DOS for the approved immediate relative
petition and have paid the DOS immigrant
visa processing fee.
5. Be able to demonstrate that refusal of
your admission to the United States will
cause extreme hardship to your U.S. citizen
spouse or parent.
6. Be physically present in the United States
to file your application for a provisional unlawful presence waiver and provide biometrics.
7. Not have been scheduled for an immi-
grant visa interview by DOS before January
3, 2013.
8. Meet all other requirements for the provisional unlawful presence waiver, as detailed
in 8 CFR 212.7(e) and the Form I-601A and
its instructions.
You are not eligible for a provisional unlawful presence waiver if any of the following conditions apply to you:
1. You are subject to one or more grounds
of inadmissibility other than unlawful presence.
2. DOS initially acted before January 3,
2013, to schedule your Immigrant Visa
(IV) interview for the approved immedi-
Note: This is not a legal advice. The Law
Office of Crispin C. Lozano has the experience and expertise in helping clients apply
for provisional waiver.
SUCCESS STORIES
1. On May 6, 2014, we received an approval
of PROVISIONAL WAIVER for a Mexican national in Ciudad Juarez based on petition by US
citizen spouse.
2. On April 30, 2015, we received an approval
from the Immigration Court of I-751 review
based on spousal abuse.
3. On April 20, 2015, we received an approval
from USCIS of green card for a client who used
three names in her lifetime. We submitted nu-
M
any seamen who came to the United States and married a U.S. citizen spouse but could not adjust their
status to that of lawful permanent resident.
ate relative petition upon which your provisional unlawful presence waiver application is based, even if your immigrant visa
interview has been canceled, you failed to
appear for the interview, or your interview
was rescheduled on or after Jan. 3, 2013.
Note: The date and time that you are
scheduled to appear for your immigrant visa
interview at the designated U.S. Embassy or
Consulate is not the date USCIS will use to
determine if you are eligible to file a Form
I-601A. If DOS initially acted before January 3, 2013, to schedule your immigrant
visa interview, you are not eligible to file a
Form I-601A, even if you failed to appear
for your interview or if you or DOS cancelled or rescheduled your interview for a
date on or after January 3, 2013.
Instead, you may file a Form I-601, Application for Waiver of Grounds of Inadmissibility, from outside the United States
after you have been interviewed for your
immigrant visa, and the consular officer
has found that you are inadmissible for a
ground that may be waived.
3. You are in removal proceedings that have
not been administratively closed.
4. At the time of filing, you are in removal
proceedings that have been administratively closed but have been placed back on the
EOIR calendar to continue your removal
proceedings.
5. You do not meet one or more of the requirements, as outlined in the Form I-601A
and its instructions.
merous documents to prove proper identity.
4. On April 14, 2015, we received approval of
naturalization for a client who has three DUI
and a civil harassment case. The DUI and civil
harassment has all been cleared before.
5. On April 10, 2015, we received an approval
of immigrant visa for a client who originally
confessed marriage is for immigration benefits
only but later on had a serious relationship with
petitioner.
6. On March 30, 2015, we received an approval
from the Immigration Judge for a waiver of
misrepresentation involving marriage fraud
that happened at the U.S. Embassy. The alien
subsequently get a green card from a petition
by her mother. She could not naturalize unless
a waiver of misrepresentation is granted. With
the waiver she is now qualified for naturalization.
7. On March 10, 2015, we received an approval
from USCIS for an adjustment of status for
SAME SEX MARRIAGE.
8. On February 18, 2015, we received an approval by USCIS of green card based on self
petition by an abused spouse. Her minor children are now qualified to immigrate based on
this approval.
9. On February 10, 2015, we received an approval of green card for a
client who entered without inspection. We first
sought an advance parole
with USCIS so that she
can travel to her country
legally and come back to
OPINION
Management has got to go
M
ore than
t w o
months
ago I
wrote a
by Solita Collas-Monsod
column
about
t h e
death of Liam Madamba, a full
scholar (international baccalaureate, or IB) of British School Manila (BSM). Just the day before he
committed suicide, he had been the
recipient of congratulations from
teachers and students because it was
reported that he was in line to get the
highest grades in all his subjects. In
fact, he was a shoo-in for class valedictorian.
He died on Feb. 6, I wrote my
column on Feb. 28. I reported that
“concerned parents” had written the
board of governors of the school,
chaired for the past 15 years by Simon Bewlay, asking for an independent review of the matter. This was
done, but less than two weeks later,
Mr. Bewlay wrote everyone that the
BOG had accepted the offer of the
Council of Trustees to take charge of
the panel selection and set the scope
of the review.
More than two months ago I wrote
a column about the death of Liam
Madamba, a full scholar (international baccalaureate, or IB) of British School Manila (BSM). Just the
day before he committed suicide, he
had been the recipient of congratulations from teachers and students
because it was reported that he was
in line to get the highest grades in all
his subjects. In fact, he was a shooin for class valedictorian.
He died on Feb. 6, I wrote my
column on Feb. 28. I reported that
“concerned parents” had written the
board of governors of the school,
chaired for the past 15 years by Simon Bewlay, asking for an independent review of the matter. This was
done, but less than two weeks later,
Mr. Bewlay wrote everyone that the
BOG had accepted the offer of the
Council of Trustees to take charge of
the panel selection and set the scope
of the review.
That was the state of affairs of Feb.
28. What has happened since then?
1.Natalie Mann, the BSM faculty
member with whom Liam had met
the night before he died, and who
was believed to have bullied and humiliated him to the point of suicide,
quietly left the country sometime
mid-March. No fanfare, no farewell
parties. Obviously, Simon Mann, the
head of school, was aware of it, but
he waited till she left before sharing
her farewell note with parents. The
note was to the effect that the publicity from Liam’s death had made her
family members fear for their safety.
Her constructive message: She was
the victim.
Note to the Reader: Ms Mann, who
apparently had no previous experience with IB programs (she was
hired as an English teacher in 2010
and was appointed IB coordinator only in August 2014), had also
gained, during the five years she was
with BSM, a reputation for delighting in the public humiliation of the
students who earned her displeasure.
In short, she was a psychological
bully. I have been provided examples of it. This from a school whose
teaching and learning policy are replete with mentions of promoting or
building the students’ self-esteem.
Question: Why was Ms Mann not
corrected? If management did not
know about this, what does it say of
management? What were her qualifications as IB coordinator? And for
that matter, why didn’t management
put Ms Mann on preventive suspension immediately after Liam’s suicide, until the independent review
team could at least talk to her, or
clear her?
What is objectionable about this
is the implicit assumption that
Liam Madamba committed plagiarism. What he submitted was a first
DRAFT (as evidenced by the online
school calendar which said that Feb.
2 was the deadline for first drafts for
that assignment). No publication. No
one to see it but the teacher, who had
to say nothing more than “Tsk, tsk,
where are your quotation marks?”
or some such. Natalie Mann made a
mountain out of a molehill.
the U.S.
10. On January 20, 2015, we received an approval of immigrant visa under the Provisional
Waiver program for a seaman client. She successfully arrived to the U.S. without problem.
11. On January 7, 2015, we received an approval of adjustment of status from USCIS for
a client who entered without inspection but reentered on a parole visa. Parole visa became
the basis of legal entry to allow for adjustment
of status.
12. On January 5, 2015, we received two approvals of I-601A waiver under the Provisional
Waiver Program.
13. On December 17, 2014, we received an approval from USCIS of a green card under the
Violence against Women Act.
14. On December 16, 2014, we received an approval of DACA for an alien who has a final
order of removal.
15. On December 11, 2014, we received an approval of immigrant visa for an alien who entered the U.S. as a seaman under Provisional
Waiver Program.
16. On October 7, 2014, we received an approval from the U.S. Embassy in Manila an
immigrant visa for a client who entered the US
without inspection under the Provisional Waiver Program.
17. On September 26, 2014, we received an approval from the Immigration Court for waiver
of misrepresentation for a client who entered as
single but actually married at the time of entry
to the U.S.
18. On September 9, 2014, we received an approval from Immigration Court of adjustment
of status for a client who was previously denied
an asylum.
Crispin Caday Lozano is an active member of the
State Bar of California, the American Immigration
Lawyers Association and the National Association
of Consumers Bankruptcy Attorneys. He specializes in immigration law and bankruptcy law. He
earned his Juris Doctor at Western State University
College of Law in Fullerton, California. He is also
a Certified Public Accountant, a Real Estate Broker
and a Bachelor of Business Administration Cum
Laude graduate. He has offices in San Francisco,
Hayward, San Jose, and Cerritos, California. You
can contact him at 1-877-456-9266. Email questions to crispinlozano@gmail.com/. Visit our website at www.crispinlozanolaw.com.
PAGE 4
May 14, 2015 - May 20, 2015
FIL-AM POST
FIL-AM POST
PAGE 5
May 14, 2015 - May 20, 2015
PAGE 6
May 14, 2015 - May 20, 2015
FINANCE CORNER
BANKRUPTCY
TAX Q & A
CRIMINAL AND TAX
PENALTIES ON REPORTING OF FOREIGN
BANK AND FINANCIAL ACCOUNTS
(FBAR)
E
xhibit 1,
Answers
to Exercises
1. False United States person are only
by: Alvin C. Maglan, CPA
required
to
report a financial interest in or signature authority over foreign financial
accounts if the aggregate maximum
values of the accounts exceeds $10,000
at any time during the calendar year.
2. e. All of the choices are a United
States person. A United States person
is:
- A citizen or resident of the United
States
- A domestic entity, including but not
limited to a corporation, partnership,
and limited liability company created
or organized in the United States or under the laws of the United States
- A domestic corporation
- A domestic estate or trust
3. True A financial account includes,
but is not limited to, a securities, brokerage, savings, demand, checking,
deposit, time deposit, or other account
maintained with a financial institution (or other person performing the
services of a financial institution). A
financial account also includes a commodity futures or options account, an
insurance policy with a cash value
(such as a whole life insurance policy),
an annuity policy with a cash surrender
value, and shares in a mutual fund or
similar pooled fund (i.e., a fund that is
available to the general public with a
regular net asset value determination
and regular redemptions).
4. False An FBAR must be filed whether or not the foreign financial account
generates any income.
5. False The FBAR is due by June 30,
2014. The FBAR must be received
by the Department of Treasury on or
before June 30th of the year after the
account holder meets the more than
$10,000 threshold.
6. b. Generally, records of accounts
required to be reported on the FBAR
should be kept for five years from the
due date of the report, which is June
30th of the year following the calendar year being reported. The records
should contain the following:
-Name maintained on each account.
- Number or other designation of the
account.
Alvin Maglan is a CPA licensed in
California. After working for SyCip,
Gorres, Velayo and Company, he emigrated to California and had varied
experiences as an audit manager of a
regional accounting firm, an internal
auditor and controller of Dole, Inc.,
a fortune 500 company and three decades experiences as a tax consultant
for various individuals, professionals,
small business firms, corporations,
partnerships, and other non-profit entities. You may contact him @510 432
7438 for your tax problems. You may
e-mail tax questions @amaglan@irs.
taxsavers.com.
NON-FILING OF FBAR FORMS
A
questionnaire under Schedule B of
the 1040 Individual Income Tax Returns pertaining to the Report of Foreign
Bank Accounts (FBAR) and Foreign
Account Tax Compliance Act (FATCA)
may trigger reports that should be filed to
avoid potential liability for tax penalties.
A taxpayer’s obligations to file FATCA
and FBAR forms are distinct from each
other and may require the same taxpayer
to file both Form 8938 under FATCA
rules as well as FinCEN Form 114 with
the Financial Crimes Enforcement Network for FBARs. In some cases, taxpayers who have not filed FATCA or FBAR
Forms may be subject to the substantial
financial and criminal penalties under
both measures.
FIL-AM POST
Stop creditors’ harassment by
filing bankruptcy
Q
. How can bankruptcy stop the debt
collectors’ harassment?
A. As soon as you file either Chapter 7 or
Chapter 13 bankruptcy, the court issues
an automatic stay. This prevents creditors
and debt collectors from contacting you,
putting a stop to all creditor harassment.
Q. What are the forms of harassment that
debt collectors do?
A. The debt collectors’ illegal action such as follows:
• Need to educate
you about the collection process
• Cannot call you
or your home continuously
• Are prohibited
from calling your
home after specified hours
• Cannot call you
at work
• Are not allowed
to call your neighbors
• Using obscenity,
racial slurs or insults
• Sending letters
which appear to
have come from a court
• Seeking collection fees or interest
charges not permitted by your contract or
by state law
• Requesting post-dated checks with the
intention to prosecute if they bounce
• Filing a lawsuit in courts far from your
place of residence
• False representations in association
with efforts to collect the debt, including
the false claim that the person contacting you is an attorney, falsely claiming
to have started a lawsuit, using a false
name, or using stationery that is designed
to look like an official court or government communication
• Using false claims to collect information about the debtor, such as pretending
to be conducting a survey
• Threatening you with arrest if you do
not pay the debt
Q. What law protects the consumers from
illegal actions of debt collectors?
A. Under the Fair Debt Collection Practices Act, you have the right to sue a debt
collector in state or federal court within
one year from the date of the violation. If
you win, you may recover damages in the
amount of any losses you suffered as a
result of the violation, plus an additional
amount of up to $1,000.00. You may also
be able to recover court costs and attorney fees.
If the same debt collector has engaged
in unlawful conduct with a number of
consumers, it may be possible to find a
lawyer who will file a class action lawsuit.
Note: This is not a
legal advice.
Bankruptcy Basics
1. Bankruptcy will
actually
improve
your credit within
one year because
your
unsecured
debts are discharged.
Although the bankruptcy will be in your
records for 10 years,
not filing bankruptcy
will make your credit even worse until
most your debts are
paid.
2. If you are being
sued by your creditors, most money
judgment can be
eliminated in bankruptcy.
3. Collection actions continue and you
can be sued if you are in debt settlement.
4. Chapter 7 will eliminate all unsecured
debts. If you are near retirement age, you
must eliminate most of your debts.
5. Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days
before, you can still file for bankruptcy.
6. If your salary is being garnished, you
have a court case about debts or you are
being harassed by creditors, bankruptcy
can stop garnishment, court cases, harassing creditors and eliminate the debt.
7. Bankruptcy is cheaper, faster and safer
than debt settlement which has no guaranteed success.
8. Preserve your health, eliminate stress
and live a happy life by eliminating your
debts which is the root of all problems.
Crispin Caday Lozano is an active member
of the State Bar of California, the American Immigration Lawyers Association
and the National Association of Consumers Bankruptcy Attorneys. He specializes
in immigration law and bankruptcy law.
(1-877-456-9266. Email: crispinlozano@
gmail.com/. )
and statements of assets, li(Cont. from page 1... COURT FREEZES BINAY) mies,
abilities and net worth (SALNs)
that showed incomes from 2007 to
Also included in the order was the bank account of whistle-blower Ernesto Mercado, 2013 of the Binays to be “disproportionate
to the values, frequency and complexity of
Binay’s former vice mayor.
In all, the court order covers 242 banks, their banking transactions.”
The records of the Securities and Exsecurities and insurance accounts of the
respondents. The P600 million covered change Commission (SEC) showed probonly accounts under Binay’s name. In all, able links of entities, their directors and ofthe transactions conducted by Binay, his ficers to the Vice President and his family,
family and alleged dummies examined by the court said.
Mercado’s testimony was corroborated on
AMLC totaled P16 billion since 2008.
The court said it agreed with the AMLC material points by the records of the SEC
that there was “probable cause to believe and the financial investigations conducted
that the individual and joint bank accounts by the AMLC, the court said.
of investments made by, and insurance polLimlingan, Baloloy and other persons
icies issued” to Binay, his son and associ- associated with the Vice President made
ates were “related to unlawful activities.”
large and frequent transactions soon after
The order was based on the findings of the Senate blue ribbon subcommittee conthe National Statistics Office, claims by ducted hearings into Binay’s alleged sheEnciso and Bondal that the parking build- nanigans. Massive withdrawals of funds
ing was overpriced by more than P1.3 bil- and pretermination of investments, among
lion, Mercado’s testimony in the Senate on others, were made after the Senate began
his alleged cash deliveries to Junjun Binay the hearings.
and his father’s allies and purported dum(Cont. from page 1... AT LEAST 3 DEAD)
Diaz added that fire rescuers are having
difficulty extinguishing the blaze due to
the thick black smoke coming out of the
factory.
A worker named Ema, who was able to escape from the fire, said only those employees working at the first floor were able to
vacate the factory, and those at the second
floor are still trapped inside.
Factory owner Veato Ang said he does not
know how the fire started, calling it an “accident.”
“It just broke out and people started run-
ning,” Ang said, adding that his factory
has more than 200 employees.
A help desk by the Department of Social
Welfare and Development was set up to accommodate those who are looking for their
family members trapped inside the factory.
The fire is currently under Task Force
Charlie, the third alarm in a seven-step fire
alert system. A task force status means that
all fire trucks in Metro Manila must help in
combating the fire.
Fire investigators are still determining the
cause of the blaze. With Erwin Aguilon,
Radyo Inquirer/DPL
SHOWBIZ
FIL-AM POST
No message for Jackie: Kobe,
Andre greet stepmom
Diana Zubiri ties knot with
model Andy Smith
Diana Zubiri and Andy Smith face their
well-wishers at the conclusion of their
wedding ceremony at the Sampaguita
Gardens in New Manila, Quezon City on
Sunday. (Photo posted on Instagram by MJ
Marfori)
Actress Diana Zubiri tied the knot with
her longtime boyfriend, model-TV host
Andy Smith Sunday at the Sampaguita
Gardens in New Manila, Quezon City.
The couple now officially known as Mr.
and Mrs. Smith got engaged last January
after Andy proposed to Diana near the Tokyo Sky Tree landmark in Tokyo, Japan.
The wedding was graced by the couple’s
several friends from showbiz,
including Iza Calzado, Aubrey
Miles and husband Troy Montero,
producer Robbie Tan, Francine
Prieto, Paolo Ballesteros, Guji
Lorenzana, Will Devaughn and
Roxanne Barcelo.
Best known for her sexy image
as depicted in several films produced by Seiko Films from 2002
to 2007, Diana (born Rosemarie
Joy Garcia) was also a staple in
FHM Philippines’ annual list of
100 Sexiest Woman since 2002
and which she topped in 2003.
She slowly veered away from
her sexy image starting with becoming a mainstay on GMA Network’s long-running gag show, “Bubble
Gang”. In later years, Diana started getting
notices for her dramatic turns in films and
teleseryes that led to her acclaimed performance in Eduardo Roy, Jr.’s Cinemalaya
indie, “Bahay Bata”, in 2013.
Her role as a nurse was recognized with a
Best Actress citation from the Young Critics Circle that same year. Taking her craft
more seriously, Diana went back to school
to complete a course in Theater Arts at
Miriam College. She is next slated to appear opposite Allen Dizon in Mel Chionglo’s “Daluyong” written by Ricky Lee.
Is Pauleen ready to marry Vic?
MANILA - Pauleen Luna dropped hints
Tuesday of a wedding, and building a family life with long-time partner Vic Sotto.
On the sidelines of the TESDA short
film competition at the PICC Plenary Hall
which Luna hosted, the actress said she and
Sotto have discussed their wedding plans.
At the ribbing of TESDA Secretary Joel
Villanueva, Luna said she is willing to take
on his challenge to take pastry and baking
classes under the auspices of the technical
education skills agency.
She said that cooking is one of the prime
requirements of a happy home. Luna also
said it was in the natural order of things
that she will be a wife and mother.
Sam Pinto goes vavavoom at Nissan GT
Academy event
Model-actress Sam Pinto was recently spotted trying her hand in virtual racing at the
Nissan GT Academy event held at the SM
North Edsa Skydome.
Sam took the wheel in one of the simulator
pods and set pulse rates soaring among spectators and fellow racers alike, as she revved
PAGE 7
May 14, 2015 - May 20, 2015
up her Nissan GT-R ride. She exuded confidence and determination as she concentrated
on her driving, all in an effort to finish with a
respectable lap time.
“I have never played Gran Turismo but I accepted Nissan’s invitation because I thought
it would be fun to try,” the actress admitted.
“I’m sure all the women drivers out there
would enjoy the experience too, maybe one
of them will even qualify for the Race Camp
in the UK.
FEELING THE RUSH. “I actually love
driving. I feel free and in control at the same
time,” Sam related.
“My mom’s driver taught me how to drive
when I was about 16. I would drive myself
to high school secretly and park really far so
no one would see me driving.
“But I let my friends go on a ride with me
after school hours,” she chuckled before
adding that her school was only 15 minutes
away from her house.
MANILA - Andre and Kobe Paras, sons of
former couple Benjie Paras and Jackie Forster, marked Mother’s Day with a heartwarming message for their stepmother, and none for
the actress who has been estranged from them
for years.
On Instagram, both Andre and Kobe posted
photos of them with the current wife
of their father, Lyxen Diomampo, who
they referred to fondly in their respective messages.
Andre, a collegiate basketball player
who transitioned into acting, called Diomampo “my beautiful and never-aging
mom.”
“I don’t fear anything when something
goes wrong because I know you’ll be the
one to make it right,” he said. “I know
a lot has been happening but it doesn’t
bother me because I know we will always be there for one another. You will
always be my best friend, sister and
mommy. Thank you for all the sacrifices
you’ve made. I will forever love you.”
Kobe, meanwhile, described Diomampo as “the most special and beautiful
mom out there.”
The basketball sensation, who is playing for the LA Cathedral Phantoms,
added: “Even though no one will ever understand the things we’ve been through we’ll
always have each other, forever. Thank you
for always being by my side through thick &
thin! How I wish I was back home right now
to spend this lovely day with you! I love
you, ma!”
Janine Gutierrez says boyfriend Elmo Magalona
approves of her swimsuit pictorial for Preview
Kapuso sweetheart Janine Gutierrez surprised fans with her chic swimsuit pictorial
for Preview Magazine’s May 2015 issue.
At her solo press launch
held at Green Sun Hotel
last May 7, Janine admitted that she was a bit
nervous about the fashion magazine’s summerthemed shoot at San Vicente, Palawan.
But she quickly got
over since she knew
she’s in good hands with
Preview’s
production
team.
“Nung shoot ng Preview, medyo kinabahan
ako kasi I have never
done a shoot in swimwear. So, parang I was
kind of nervous.
“Pero since yung team
talagang kilala ko na and
inaalagaan ako, naging
kampante din ako,” she Janine Gutierrez
began.
Clad in a striking one-piece swimsuit, the
25-year-old said that she wouldn’t really
mind if she was required to don a bikini
for the shoot.
“Wala naman sa rule ko na bawal mag-bi-
kini or anything kasi hindi rin naman siya
shot in a sexy way.
“Parang it’s still a fashion magazine, so
hindi ka rin masyadong matatakot,” she
explained.
Asked about her
boyfriend Elmo Magalona’s reaction upon
seeing her cover on
Preview, Janine said
that he actually saw
her photos way before
the magazine reached
leading
newsstands
early this month.
“He’s very supportive. He said na maganda raw.
“Pero matagal ko
nang pinakita sa kanya. Pati nung shoot
mismo, I would send
pictures to show him.
“Nakakatuwa lang na
he supports me and he
gets the magazine ‘pag
lumalabas na,” she beamed.
Truth be told, Janine can hardly believe
that she’s now hailed as the newest fashion
ingenue since she’s more of the jeans-andwhite-shirt kind of girl off cam.
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PAGE 8
May 14, 2015 - May 20, 2015
FIL-AM POST