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Watch out for
alarming Internal
Revenue Agent
impostor scam
Actions you should do
and not do when filing
Bankruptcy
See whole article on
page 6 for more details.
Read full article on page 6.
Same sex marriage
and its immigration
benefits
See whole article on page 3 for
more details.
ENTERTAINMENT
Andrea Torres’s book
Andrea: Road Trip out soon- page 7
FREE
Immigrants unaware of
U.S. protections against
NEED A
financial abuse NEW
OR
VOL. 3 ISSUE 48
O
AKLAND, California — Rosemarie Varona and
her husband visited
an auto dealership in
2009 and decided to
take out a loan to purchase a car.
“We were so happy.
I came here 20 years
ago and this was my
first new car,” says Ve-
VIEW US ONLINE: WWW.FILAMPOST.COM
rona, who is originally
from the Philippines.
The couple negotiated with the dealership to finance the
car through their own
bank, Patelco, but the
dealership did not follow through. “It was
all lies,” says Varona.
S
USED
CAR?
(Cont. on Page 6 )
Fil-Am teen pleads not guilty
in killing of California Girl, 6
ANTA
CRUZ,
California — A
15-year-old California boy pleaded not
guilty to the kidnapping and killing of an
8-year-old girl at the
tight-knit artist community where they
both lived.
Adrian Jerry Gonzalez, who is being
charged as an adult
in the death of Madyson Middleton, was
in court briefly Monday to enter his plea.
Police say Gonzalez
SEPT 23, 2015 - SEPT 29, 2015
lured Madyson into
his family’s apartment. An autopsy
shows that she died
of asphyxiation and
stab wounds to the
neck. He’s also accused of sexually assaulting the girl.
Both of them lived
at the Tannery Arts
Center, a housing
complex for artists
and their families in
the beach town of
Santa Cruz. Madyson
was reported missing
(Cont. on p. 2)
Rosemarie Varona, originally from the Philippines, narrates her experience
with financial abuse to ethnic news media in Oakland, California. NEW
AMERICA MEDIA PHOTO
‘Poe naturalized, not
natural-born, Filipino’
S
ENATOR Grace Poe
Llamanzares is a naturalized and not a natural-born
Filipino, according to Supreme Court senior associate justice Antonio T. Carpio who presides over the
Senate Electoral Tribunal
hearing a petition to unseat
Poe as senator.
Carpio is not the tribunal,
but his declaration in yes-
terday’s SET hearing was
a psychological setback for
Poe who had announced her
decision to run as an independent candidate for president in the May 2016 elections.
Under the Constitution,
candidates for senator and
for president must be natural-born
(Cont. on Page 6 )
citizens.
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PAGE 2
Sept 23, 2015 - Sept 29, 2015
NEWS ROUND-UP
Obama picks Fil-Am for top Navy
position
L
OS ANGELES—US President Barack
Obama has nominated the granddaughter of a Filipino veteran of World War II for
promotion to vice admiral in the US Navy
and for the position of Defense Health
Agency (DHA) director, Defense Secretary
Ash Carter announced on Friday.
If her nomination is approved, Rear Adm.
Raquel C. Bono will become the highest
ranking Filipino-American naval officer in
the United States.
A few years ago, Bono and her brother,
now retired Rear Adm. Anatolio B. Cruz
III, made history in the US Navy when they
Bono’s grandfather was a Filipino obstetrician who served in the US Army with the
rank of colonel during World War II.
Two decades after the war, Bono’s parents
migrated to the United States and settled in
Minnesota, where her father completed his
surgical residency and became part of the
Navy Reserve, retiring as a captain.
Her brother, Cruz, served as deputy commander of the US Naval Forces Southern
Command and deputy commander, US
Fourth Fleet.
According to an article on the US Navy
website, Bono initially wanted to go into
nursing but her father challenged her
to become a doctor
and showed her that
there were no limits
to what she could do.
First woman
Bono was commissioned in 1979. She
got a Navy health
professions scholarship and earned her
medical degree at
Texas Tech University.
She began her miliMAKING HISTORY Meet US Navy Rear Adm. Raquel Cruz Bono, soon tary career with a
to be highest ranking Filipino-American naval officer. CONTRIBUTED general surgery resiPHOTO/DOLPHIN-NEWS.COM
dency at Naval Medical Center Portsmouth in Virginia,
became the first and only siblings of Filipi- becoming the first woman to graduate from
no descent to hold flag-officer ranks simul- this program.
taneously, according to the DHA website.
Shortly after training, Bono served in OpBono currently serves as director of the erations Desert Shield and Desert Storm as
DHA’s national capital region medical di- head of the Casualty Receiving, Fleet Hosrectorate and is the 11th chief of the Navy pital Five in Saudi Arabia.
Medical Corps.
“Service to others; service to country. It
Vice Adm. Matthew L. Nathan, US Navy was ingrained in us by our father and mothsurgeon general, has described Bono as a er in gratitude to their adopted country, the
“role model” for others to emulate, and ac- United States,” Bono was quoted as saying
knowledged the contributions of her family. in the article.
10 questions for Grace Poe
W
hen Senator Grace Poe announced
her bid for the presidency last Tuesday, she also put herself out there as a target for scrutiny and ridicule. I was told that
her supporters expected wild jubilation and
lots of cheering from across the land, but it
looks like the reaction was far from what
was expected. There were some who were
hopeful, but most of the reaction ranged
from expressions of disappointment, to
disapproval, to outright ridicule. It appears
Senator Grace Poe’s journey to Malacañan
Palace will not be an easy ride, nor is it an
assured one.
I personally have not made up my mind as
to who to support among the putative candidates. As things stand, it looks like it’s
going to be about picking the candidate we
least dislike. Poe, unfortunately, seems to
be saddled with too much baggage. There’s
just a lot of unanswered questions as well
as unclarified perceptions about her overall
qualifications. The following are 10 questions that I personally wish she would answer truthfully to help people get to know
her better:
1. Did she really renounce Filipino citizenship? When? How? Why? As a related
question, what exactly is the citizenship
status of her husband and three children—
is it true they continue to be American citizens?
2. Given that she has, at one point in time,
reportedly taken an Oath of Allegiance
to another flag, what meaning would she
attach to the sacred Oath of Office of the
President of the Republic if and when she
becomes President, particularly that line
that says “protect and defend the Constitution of the Republic of the Philippines?”
3. What exactly is the Fernando Poe Jr. legacy that she says she wants to continue and
perpetuate? Her father was a great filmmaker whose potentials as public servant
were not realized. His kindness and generosity may have been legendary but so was
his being a womanizer, among other vices.
He was probably a great man, but then
again so are millions of other fathers who
are uncelebrated and unheralded. What
makes FPJ’s so-called legacy more noteworthy than those of other Filipino fathers?
4. How exactly does being the daughter of
a great Filipino filmmaker translate into
becoming the best candidate for President
of the Republic?
5. What exactly is she bringing to the
post by way of actual accomplishments,
achievements, and experiences that showcase her qualifications to become president? Given that past behaviors predict
future behaviors, what in her experiences
indicate that she will be able to deliver the
complex requirements of the highest post
in the land?
6. As a senator who has served only half
of her first term in office, how has she
enriched the quality of legislation in this
country? What noteworthy contributions
have she made that denote exemplary performance as a legislator? Given that more
senior and experienced senators have said
that there remains a lot to be learned before
they would consider themselves worthy of
becoming president, what special learning
track did she pursue to maximize the learning in barely three years?
7. Given the absence of a long-term relationship with donors and benefactors and
the lack of a well-entrenched political
party to draw resources from, how does
she intend to finance a campaign that will
require hundreds of millions of pesos, perhaps even more than a billion pesos? 8.
Given her relatively shorter political experience, whose opinions and ideas does she
value the most? What exactly is the role
that Senator Chiz Escudero will play if and
when she becomes President? Who exactly
will comprise her think tank?
9. She has, on many occasions, chosen to
take the middle ground on contentious issues. She ran with the administration in
2013 but did not sever ties with the opposition. She pandered to the INC during a
recent crisis. She renounced Filipino citizenship and reacquired it when it was convenient for her. How does she respond to
accusations that she is an opportunist person who picks advocacies and takes sides
based purely on personal political convenience and interests?
10. As one of the popular public figures
who drew attention to the LRT/MRT problem, how did she marshal the resources of
her office as senator to solve the problem?
Given that the problem has only worsened
despite her early intervention, how does
she intend to convince people of her ability to solve problems through effective
resource mobilization?
FIL-AM POST
Candidates now required to renounce
alien citizenship
The Commission on Elections (Comelec)
will now require candidates for the 2016
elections to include in their certificates of
candidacy (COCs) a sworn renunciation of
foreign citizenship, if applicable.
The amendment to the COC form is apparently being made amid the citizenship
questions surrounding presidential aspirant
Sen. Grace Poe.
According to Comelec Resolution No.
9989, the COCs of candidates for the May
2016 polls will bear the statement: “I executed a Sworn Renunciation of Foreign
Citizenship (if applicable, attach a copy).”
The Comelec explained that there was a
need to amend the COC forms because of
the enactment of Republic Act No. 9225,
or the Citizenship Retention and Reacquisition Act of 2003, and the recent Supreme
Court decision, Arnado v. Comelec.
Section 5 of RA 9225 provides that those
who shall retain or reacquire Philippine
citizenship under this law shall enjoy full
civil and political rights, with those seeking elective public office required to make
a personal and sworn renunciation of foreign citizenship at the time of the filing of
the COC.
In the Arnado v. Comelec case, which the
high court decided on Aug. 18, the high
tribunal ruled that a person with dual citizenship may run for public office in the
Philippines provided that they meet the
qualifications set by the Constitution and
existing laws, and make a personal and
sworn renunciation of foreign citizenship
at the time of the filing of the COC.
Because of the high court decision, there
was a need to amend the guidelines and include in the COC forms “an item on the
compliance by candidates, who are dual
citizens, of the requirements of RA 9225,
if applicable,” the Comelec en banc said in
its resolution.
The Comelec also amended the COC
form before the 2013 elections, requiring
candidates to declare under oath that they
would file their statements of contributions
and expenditures (Soce) within 30 days after the election.
Another previous innovation was the introduction of the entry “name/words to appear on the ballot not to exceed 30 characters” in the COC form.
Poe case
The latest amendments in the COC form
came as the Senate Electoral Tribunal
(SET) starts oral arguments tomorrow on a
petition to unseat Poe from the Senate over
citizenship questions.
Petitioner Rizalito David, a defeated
senatorial candidate in the 2013 elections
in which Poe emerged the topnotcher, contends that Poe is disqualified from continuing to hold the position of senator because
of her questionable citizenship.
Poe has claimed that she had renounced
her United States citizenship before she
entered the government service in 2010.
However, David said Poe continued to use
her US passport even after her claimed reacquisition of Philippine citizenship.
Sulu sultan who invaded Sabah dies
The leader of a sultanate in Mindanao that
staged a 2013 invasion of a bustling Malaysian state and sparked a deadly security
crisis has died of kidney failure, his family
and followers said Sunday.
Sultan Esmail Kiram II died at age 76 late
Saturday at a hospital in southern Zamboanga city and left an order for his sultanate
and followers to pursue a claim to Sabah
state in neighboring Malaysia, according to
sultanate spokesman Abraham Idjirani.
“One of his instructions was the pursuit of
the Sabah claim through peaceful means
for the welfare of the Filipino people,” Idjirani said.
Although largely dismissed as a vestige
from a bygone era, Kiram’s Muslim sultanate, based in the southern Philippine province of Sulu, stirred up a crisis between
Malaysia and the Philippines when his
younger brother and about 200 followers,
dozens of them armed, barged into Sabah’s
coastal village of Lahad Datu in February
2013.
Malaysia responded by sending troops and
launching airstrikes in weeks of sporadic
fighting that killed dozens of people before
the standoff eased.
Kiram’s younger brother, who led that
invasion, survived the intense clashes and
managed to return home to Mindanao
where he died last year of a heart attack,
Idjirani said.
Malaysia has governed the resource-rich
frontier Sabah region of timberlands and
palm oil plantations in northern Borneo
as its second-largest federal state since the
1960s.
The Kiram sultanate, which emerged in
the 1400s, built a legend for its wide influence at the time and its feared Tausug warriors. Chinese and European leaders once
sent vassals to pay homage to their powerful forebears. The Sulu sultanate preceded
both the Philippine republic and Malaysia
by centuries, Idjirani said.
Overrun by history, however, the Kirams
now carry royal titles and nothing much
else. The sultanate has about 75,000 followers in Sulu and outlying islands that are
among the country’s poorest regions and
are troubled by Muslim rebels, al-Qaidalinked extremists and outlaws.
(Cont. from page 1...FILAM TEEN..)
At an event for Madyson, her mother, Laura Jordan, hugged Gonzalez’s
mother and said she doesn’t fault her
for Madyson’s death.
Jordan said her daughter was energetic and active, and that she loved
animals, especially wolves.
Public defender Larry Biggam told
reporters at Gonzalez’s first court appearance that his job is to “review the
evidence, conduct our own investigation and make sure that the minor, like
every citizen accused, receives a fair
trial.”
Gonzalez was ordered to re-appear
in court on Oct. 29.
If found guilty of all counts, he faces
a maximum of life in prison.
July 26 and hundreds of volunteers
turned out to search for her.
Police twice conducted a door-todoor search of the entire apartment
complex, as well as a homeless shelter
across the street. Helicopters scanned
the forest and the coastline, and the
Coast Guard surveyed the ocean 2
miles from where she was last seen.
Her body was discovered inside a recycling bin the night of July 27.
Flags were lowered to half-staff
in the laid-back surfing destination
and hand-written signs popped up in
storefronts and on light posts in honor
of the girl.
Kiram led the Sulu-based sultanate since
the early 2000s, helped by an elder brother,
Jamalul, who had lived for years in Manila’s metropolis, where he died in 2013.
Kiram’s successor will be a younger brother, Phugdal Kiram, a former grade school
teacher and basketball player, Idjirani said.
The Kirams claim Sabah has belonged to
their sultanate for centuries and was only
leased to Malaysia, which they say pays
them a paltry annual rent. Malaysian officials contend the payments are part of an
arrangement under which the sultanate has
ceded the 74,000 square kilometers (28,000
square miles) of Sabah territory to their
country.
Philippine presidents have relegated the
volatile territorial feud to the backburner
despite efforts by the Kirams to put it on
the national agenda.
Originally posted at 4:17 PM.
IMMIGRATION
FIL-AM POST
PAGE 3
Sept 23, 2015 - Sept 29, 2015
Same sex marriage and its immigration benefits
uestion: I am the beneficiary of a petition by my same sex partner in California which recognizes legality of same sex
marriage. How many years do I have to
wait to file for my naturalization?
Answer: Marriage to a U.S. citizen shouldn’t
impact your ability to naturalize, and in
some cases, it may allow you to acquire
U.S. citizenship sooner than you would
have otherwise been eligible. The general
rule is that non-citizens can apply for naturalization after living in the U.S. for five
years as a legal permanent resident. However, someone who is married to a U.S. citizen can apply for naturalization after three
years, regardless of whether the non-citizen
spouse obtained a
green card through a
marriage-based petition or through a
different avenue. If
a permanent resident
marries their U.S.
citizen partner, he or
she should be eligible
to apply for naturalization three years
from the date of that
marriage or five years
from the date he or
she became a permanent resident, whichever is sooner.
Q
ever, when the foreign By Atty. Crispin C. Lozano 5. On July 30, 2015, we
national spouse leaves
received an approval of
the U.S. to apply, they may be prohibited Fiancée visa based on same sex for an alien
from returning because of the three-year/ in the Philippines.
ten-year bar on returning to the U.S. follow- 6. On July 24, 2015, we received an approving the accrual of unlawful presence here. al from the Immigration Court of waiver of
As a result, some families may be need to misrepresentation for securing green card as
file for a provisional waiver of this bar from single son but actually married. With the
within the U.S. and wait here for the waiver approval, alien now qualifies to apply to
to be approved before the foreign partner naturalization.
leaves the U.S. to consular process.
7. On June 22, 2015, we received an approval of I-601 waiver for a client who
Question: I am in removal proceedings and overstayed in the U.S. for more than ten
I was charged with misrepresentation of years based on hardship to U.S. citizen
material fact. I do not have a parent or son spouse.
or daughter who is a U.S. citizen or law- 8. On June 5, 2015, we received an approval from U.S.
Embassy
Manila for an
I-601A waiver for two
clients who
first entered
the U.S. on
a crewman
visa.
9. On May
22,
2015,
we received
an approval
ful permanent resident. Will I qualify for of I-751 waiver of joint petition based on
waiver if my same sex partner who is a U.S. spousal abuse.
citizen will marry me?
10. On May 18, 2015, we received an apAnswer: Yes. If your same sex partner will proval of adjustment of status for a client
marry you, then you will be considered based on marriage with big age gap bespouse of U. S. citizen. Whenever the im- tween spouses.
migration laws condition eligibility for a 11. On May 6, 2015, we received an apwaiver on the existence of a “marriage” or proval of PROVISIONAL WAIVER for a
status as a “spouse,” same-sex marriages Mexican national in Ciudad Juarez based on
will be treated exactly the same as opposite- petition by US citizen spouse.
sex marriages.
12. On April 30, 2015, we received an approval from the Immigration Court of I-751
Note: This is not a legal advice. You should review based on spousal abuse.
consult with an immigration attorney about 13. On April 20, 2015, we received an apyour specific situation.
proval from USCIS of green card for a client who used three names in her lifetime.
UCCESS STORIES
We submitted numerous documents to
prove proper identity.
1. On August 27, 2015, we received an ap- 14. On April 14, 2015, we received approval of naturalization for the recipient of proval of naturalization for a client who
waiver of misrepresentation we litigated in has three DUI and a civil harassment case.
the Immigration Court.
The DUI and civil harassment has all been
2. On August 19, 2015, we received an ap- cleared before.
proval of Immigrant Visa from the U.S Em- 15. On April 10, 2015, we received an apbassy for a crewman who has approved I- proval of immigrant visa
601A waiver.
for a client who original3. On August 11, 2015, we received an ap- ly confessed marriage is
proval of Stay of Removal from the DHS for immigration benefits
for parents of DACA recipients.
only but later on had a
4. On August 3, 1015, we received an ap- serious relationship with
proval of I-751 for an alien in removal pro- petitioner.
ceedings.
16. On March 30, 2015,
The general rule is that non-citizens
can apply for naturalization after
living in the U.S. for five years as
a legal permanent resident.
Question: I am a U.S. citizen and I wanted
to petition my same sex partner in California. What is the procedure?
Answer: For families where both partners
are in the United States, the U.S. citizen can
submit a marriage based spousal petition
and the foreign partner can apply for a green
card through a procedure known as “adjustment of status.” So long as the foreign partner did not enter the U.S. without inspection
(EWI) (i.e. crossing the border), this option
should be available regardless of whether or
not the foreign spouse is in lawful status or
has fallen out of lawful status.
For families who are married and the foreign spouse is located outside the United
States, the U.S. partner can submit a spousal petition and the foreign spouse can apply for an immigrant visa through the U.S.
consulate, in a procedure known as “consular processing.” For families who are not
already married, the U.S. partner can sponsor their spouse to come to the U.S. on a
fiancé/e visa, which will allow the two to
marry in the U.S. and subsequently file a
marriage based application.
Consular processing is also the option that
families have to pursue if the foreign spouse
entered the U.S. without inspection. How-
S
OPINION
Sula: Aquino versus Marcos
T
HE 2016 presidential race is
shaping up to be a political
throwback: Aquino versus Marcos.
The major players, both personalities and parties, are clearly defining this looming renewed epic
political battle that has shaped
much of the political landscape
in the country and the socio-economic evolution that it has gone
through in the last four decades.
On the one side are the scions of
two Liberal Party leaders, PNoy
and Mar Roxas, whose fathers
had both challenged the Marcos
dictatorship and paid for it dearly, particularly Ninoy, a modern
day patriot and hero.
It is likely that Mar’s presidential ticket will have candidates of
the same ideological background
and paradigm as the LP and its
current leaders pursue – basically framed in the “daang matuwid” slogan, by virtue of personal experience or legacy.
On the other side are Grace Poe
and Chiz Escudero, whose parents are both identified with the
Marcoses, personal or political,
and their newly-coined, still fictional party, Partidong Pilipinas,
which is basically an admix of
old and new politicians that are
known Marcos leaders and supporters. The Nationalist People’s
Coalition of Danding Cojuangco
has indicated its leaning.
It won’t be long before Erap Estrada and Juan Ponce Enrile will
issue their endorsement of the
Grace-Chiz ticket. Both, after
all, are known Marcos allies, if
not cronies. Bongbong Marcos’
blessing will be the expected icing on the cake, so to speak.
As for the Lakas Party, with
former President Fidel Ramos
and detained Rep. Gloria Arroyo practically mothballed politically, there has been a slow
but steady defection of party
members to the Marcos-branded
party.
With the political forces, players and boundaries clearly identified, the battle lines are clear.
The vectors are unmistakable .
The strategies needed for victory
may also have been simplified in
the process. Now the battle cry
cannot be the same anymore,
even if Poe dares to challenge
the LP’s supposed corner on
“daang matuwid”.
That position is no longer politically marketable or tenable.
In fact, her earlier political ads
on the coming of a “new dawn”,
which uncannily echoes Marcos’
“new society”, may have taken
this asymmetrical position into
consideration.
Perhaps, it’s also for this reason that Mar may have preferred
Leni Robredo over Alan Peter
Cayetano for his running mate.
His father’s link to the former
dictator may have also been factored in the balance sheet. And
it’s not really an unrealistic, if
not a fair, evaluation. Politics is
shifting sands.
As for Vice President Jojo Binay, he’s not going to benefit at
all from these evolving ramifications. In fact, the emerging polarization of political forces in
the country may eventually marginalize him, narrowing down
the race between Mar and Grace.
Right now, with only an Alma
Moreno and an unknown Muslim woman in his bus, it seems
nobody would want to hitch a
ride, or even touch him with a
10-feet pole.
He could end up just a spoiler
for either Mar or Grace, depending on his vulnerability.
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.
17. On March 10, 2015, we received an approval from USCIS for an adjustment of
status for SAME SEX MARRIAGE.
18. 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.
19. 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 the U.S.
20. 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.
21. 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.
22. On December 16, 2014, we received an
approval of DACA for an alien who has a
final order of removal.
23. 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.
24. 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.
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. ([email protected]/ 1-877-456-9266)
PAGE 4
Sept 23, 2015 - Sept 29, 2015
FIL-AM POST
FIL-AM POST
PAGE 5
Sept 23, 2015 - Sept 29, 2015
PAGE 6
Sept 23, 2015 - Sept 29, 2015
FINANCE CORNER
BANKRUPTCY
Actions you should do and not do when
filing Bankruptcy
TAX Q & A
Watch out for alarming Internal
Revenue Agent impostor scam
I
by: Alvin C. Maglan, CPA
f you received a call
from scammers posing as
IRS, they tell
you that you
owe taxes and
that
Also threat to
arrest or deport
you if you will
not pay. This
imposter scam
also involves:
-demand that you pay by pre-paid debit card
or wire transfer.
-send bogus IRS emails to further the scheme.
-rig caller ID to make it look like the call is
from the D.C. (202 area code) to make it look
like it is the IRS
If you receive this kind of calls just hang up the
phone. Do not talk to them.
This scam is the largest telephone scam affecting more than 600,000 contacts across the U.S.,
involving $21 Million paid to scammer by victims. The top 5 states affected are California,
New
York, Texas, Florida and New Jersey
What you need to know to avoid this IRS imposter scam is that the official IRS policy is:
1. The IRS will not ask you to pay with prepaid
debit cards or wire transfers.
2. The IRS will not ask for a credit card number
over the phone.
3. The IRS will not threaten arrest or deportation or loss of your driver’s license.
4. The IRS will not send you emails.
If the IRS needs to contact you, they generally
do it first by mail.
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 @
[email protected].
FIL-AM POST
I
f you are considering bankruptcy, here
are some actions you can do to protect
yourself and your assets.
Actions you SHOULD DO:
1. Take your situation seriously. Ignoring
your financial trouble will not make it go
away. Speak to a bankruptcy attorney as
soon as possible.
2. Commit yourself to a budget. This is
always the easiest thing to tell someone
facing financial hardship and is sometimes impossible to achieve. But if you
face a very tight financial situation, you
need to try to maintain daily, weekly and
monthly budgets. By simply doing this,
you will have more and more success living within the budget.
3. Be honest about all your debts and assets. To best serve you, you need to disclose all of your financial information to
your attorney. Your attorney can provide
a feasible resolution in bankruptcy. Keeping your attorney informed will create the
best results.
4. Continue making payments on vehicles
and homes you intend to keep. If you are
behind on your payments, your creditors
can repossess your property.
Actions you SHOULD NOT DO:
1. Withdraw money from your 401k.
401k is exempt from seizure under virtually all circumstances. Generally, this
account is exempted in bankruptcy. Untimely withdrawal makes you liable for
taxes and penalties that are not dischargeable in bankruptcy.
2. Buy massive purchases and take out
large cash advances from your credit
cards before filing. The Court may consider your petition fraudulent and dismiss
your claim if it sees excessive purchases
or cash advances six months to one year
prior to filing bankruptcy.
3. Transfer property out of your name.
Concealing your assets is illegal and
risky. If you have an asset that cannot
be protected in a bankruptcy filing, you
need to discuss your situation with your
attorney. There are legal ways to protect
assets. Transferring an asset out of your
name and immediately filing bankruptcy
is not a smart way.
4. Take cash advances from one credit
card to make payments on another. Once
you start juggling credit cards, you are
in serious trouble. Taking excessive cash
advances six months to one year prior to
filing bankruptcy may result in an adversary proceeding (litigation in bankruptcy)
or the court may dismiss your case.
5. Pay $600 or more back to relatives
or business associates who have lent
you money. Payment of a total of $600
or more to an “insider” (which includes
relatives and business associates) within
one year before you file bankruptcy is a
“preference.” The trustee may recover
preferences from the person that was paid
and divide the money between all of your
creditors. (Payment of $600 or more to
any other creditor within 90 days before
the case is filed is also a preference.)
6. Speak with creditors without your
bankruptcy attorney present. After you
file bankruptcy, your lawyer will communicate with your creditors on your behalf.
Bankruptcy Basics
1. Debt settlement or debt consolidation
are expensive and not a guaranteed way
to reduce your debt because some creditors will sue you. It will take three years
to complete and your credit will become
worst during that period. In bankruptcy
the debts are discharged within three
months.
2. 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.
3. If you are being sued by your creditors,
most money judgment can be eliminated
in bankruptcy.
4. Collection actions continue and you
can be sued if you are in debt settlement.
5. Chapter 7 will eliminate all unsecured
debts. If you are near retirement age, you
must eliminate most of your debts.
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:
[email protected])
in Iloilo on Sept. 3, 1968. Under the
1935 Constitution, which was in effect at the time, her father should have
been a Filipino for the child to acquire his
citizenship. But until now the identity and
citizenship of her biological father are unknown.
Poe’s lawyer said, however, that since it
could not be shown that her parents were
foreigners, they should be presumed to be
Filipinos or natives of the place where she
was found. It was also disclosed that genealogical tests will be conducted to compare
her DNA with presumed relatives.
(Cont. from page 1...POE NATURALIZED.)
If Carpio’s view is adopted by a majority of
the nine SET members, it could also apply
if Poe’s qualification for president is raised
after she files her certificate of candidacy
anytime from October 12 to 16.
Section 2 of Article IV of the Constitution
defines “natural-born citizens” as “those
who are citizens of the Philippines from
birth without having to perform any act to
acquire or perfect their Philippine citizenship.”
Poe was found at the Jaro parish church
(Cont. from page 1...IMMIGRANTS..)
“I even received a letter from Patelco saying that they never received an application.”
Instead, the dealership attempted to finance the car through a different company
at a higher interest rate.
Varona shared her story with a group
of Bay Area ethnic media journalists and
community organizers at a press event
organized by New America Media for
Housing and Economic Rights Advocates
(HERA).
HERA, a California non-profit legal services organization, provides free financial
and legal counseling to California residents who have been subjected to predatory lending, can’t access affordable credit,
or are dealing with homeowner problems
such as foreclosures or poorly regulated
homeowner’s associations that have the
power to go after delinquent members.
“Why lawyers? The debt collection system
in our country is not very functional,” says
Maeve Elise Brown, co-founder and executive director of HERA.
“The same debt can get sold and resold
multiple times to different entities until
you don’t know the name of the person
who’s collecting money from you, you
don’t recognize the dollar amount, it’s all
different from what you originally knew,”
Brown explains.
Brown states that most consumers are unaware of the federal and state laws that protect them from predatory lending and other
forms of financial abuse, and that HERA’s
role is to spot and address violations of
those laws.
HERA attorney Megumi Tsutsui describes
the cases of two clients who applied for
loans at check cashing stores to deal with
emergency expenses.
“They were monolingual Spanish speakers,” Tsutsui says, “but they were given a
contract in English telling them how much
it would cost to take out this loan. They
were never told in their language how much
it would cost them. [One was] charged 80
percent interest, which was $1,750, to take
out a $2,500 loan. The other person was
charged a 180 percent interest rate, so it
cost him $6,800 to take out a $2,500 loan.”
This type of lending is illegal under the
California Civil Code 1632, which stipulates that the terms of a contract must be
provided to the borrower in a language they
can understand. California’s most common
languages–Spanish, Korean, Chinese, Tagalog, and Vietnamese–are protected under
the code.
SHOWBIZ
FIL-AM POST
Andrea Torres’s book
Andrea: Road Trip out soon
Following her sexy FHM Philippines December 2014 cover, 25-year-old Kapuso actress Andrea Torres again made everyone sit
up with her 100-page gravure photo book,
Andrea: Road Trip.
“Happy, sobrang happy,” Andrea told PEP.
ph (Philippine Entertainment Portal) her feelings about her photo book.
“Honored kasi Summit [Media], siyempre,
trusted na ‘yan talaga.
treat in the kitchen.
She is baring more in the bedroom, with a
promise of a sweet morning after.
Too much of teasing?
Well, she has put her heart into this project.
She never imagined herself having a project
like this, “Hindi, hindi talaga.
“Nakikita ko lang yung mga ginagawa ni
Jay before,” referring to Jay Tablante, a photographer.
She resumed, “Pero never ko naisip na
makakagawa din ako ng ganun.
“In fairness naman talaga proud na
proud ako dun sa ginawa ni Jay sa naisipan namin dito.”
Andrea was hands-on in terms of poses
and ideas.
“Yes, mga poses ganyan, ‘tapos pagdating dung sa final mismo, pinakita sa akin
ni Jay, may gusto akong ipaiba.
“Binigyan naman niya ako ng freedom
na gawin yun.
“May idea na si Jay bago pa kami pumunta sa Tagaytay pero meron mga
nadagdag, e.
“Kaya medyo in-edit-edit talaga namin,
medyo nasayangan kami sa iba.
“So sa digital version na lang siya ilalabas siguro.”
DIET. Comparing her preparations
for the FHM cover to her photo shoot
for the book, Andrea admitted her first
cover made her really paranoid that she
became so noticeably thin.
“Ano kasi, praning talaga akong tao so
before ng FHM medyo sumobra.
“Talagang hinabol ko siya na bago
Andrea: Road Trip is a 100-page photo book demag-shoot kumain-kain muna ako.
picting the sexy actress in a playful romp in various
“Para medyo lumaman-laman naman
places.
ako nang konti.
“Pero ito, siyempre nakailang pictorial
na, so mas kilala ko na yung katawan ko.
“‘Tapos nakakagulat kasi naisip nila na bigy“Talagang I made sure na may laman, laman
an nila ako nito.
siya, na makapag-abs talaga ako nang bongga
“So kinarir ko naman talaga para worth it yung ganun,” said Andrea.
naman para sa kanila.”
She continued, “Kinarir ko naman talaga
The result? Her best figure ever, she herself pero mahirap siya, sobrang hirap.
said.
“Lalo na yung day ng shoot, yun talaga yung
As for her book, she said she really worked hindi ka pwede magkakain masyado.”
hard to make it an ultimate page turner.
Andrea confessed that right after her shoot,
ANDREA: ROAD TRIP. Andrea starts her she gorged herself with her favorite bowl of
book with a photo posing coyly in a vintage ramen, “Diretso akong ramen talaga.”
Now, she’s eating everything but moderatevan.
The succeeding images of her journey show ly, “May downtime talaga ako, e.
“Ngayon kain ako ng kain pero nag-gi-gym
her romping in the park, prancing in the garpa
rin ako.”
den, dipping in the pool, and whipping up a
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PAGE 7
Sept 23, 2015 - Sept 29, 2015
How Sarah Lahbati feels about
Annabelle Rama
MANILA -- How is actress Sarah Lah- bait pala,” she said.
bati’s relationship with Annabelle Rama,
Asked of Rama’s reaction when Richthe mother of her boyfriend Richard Guti- ard introduced her as his girlfriend, Laherrez?
bati said: “Parang okay naman, ‘di naman
Contrary to Rama’s feisty image, Lahbati (tumalak).”
said the Gutierrez matriarch is actually very sweet and caring.
“Sobrang bait ni Tita Annabelle, sobrang sweet niya. Kung ano ang nakikita niyo sa TV na kung tumatalak
siya, hindi siya ganoon -- sobrang
maalaga, caring. Maalaga at mapagmahal,” Lahbati said in an interview
on “Gandang Gabi Vice” on Sunday.
Lahbati also shared her first meeting
with Rama.
“Nung una siyempre kinakabahan
ako (kasi) ‘yung reputation niya na
very feisty, very matapang,” she recalled. “Naalala ko ‘yung unang-unang sinabi niya sa akin. Sabi ko, ‘Hi Sarah Lahbati
tita, nice to meet you po, I’m Sarah
Lahbati.’ Sabi niya, ‘Day, ano ba ‘yung
Lahbati, who has a son by Richard, bebuhok mo ang pangit-pangit. Magpa- lieves that Rama likes her for the actor.
bangs ka nga Day.’ Yun ang unang-unang
“Feeling ko naman. Kasi sana inaway
sinabi niya sa akin. So parang natakot ako, niya na ako nung umpisa pa lang. ‘Di napero eventually nung na-meet ko siya ang man niya ako inaway,” she said.
Why Bela Padilla is happy being a Kapamilya
MANILA -- Actress Bela Padilla revealed
that becoming a Kapamilya is a big fulfillment for her, and that she had been waiting
to get an opportunity in ABS-CBN.
Padilla, in the Monday episode of “Aquino & Abunda Tonight,” said many people
noticed the network’s
positive impact on her.
“Ang daming nagsasabi
sa akin na iba po ‘yong
aura ko ngayon na nakalipat na ako. Siguro po
kasi I’ve been waiting for
this for so long,” Padilla
said.
“Ang laking fulfillment
for me,” she added.
Padilla, 24, is the leading lady of award-winning actor Coco Martin
in the upcoming prime time TV series “Ang
Probinsyano.” She will be playing the role
of Carmen, the wife of honest police officer
Ador.
She said working with Martin is a dream
come true.
“I think for all actresses my agem to work
with Coco is a dream. Kasi we all admire
his work ethic, we all know how good he is,
ang galing galing niyang umarte,” she said.
According to Padilla, she has many kissing scenes with
Martin in the series.
Padilla, however, denied the
rumors that her
non-showbiz
boyfriend disapproved of her
kissing
scenes
with Martin.
“Not at all, kasi
si Neil po ay film
producer, so he
understands. Alam niya kung ano ‘yong
mga kailangang ibigay sa show, kung ano
‘yong mga requirements,” she said.
“Ang Probinsyano” will premiere on September 28 right after “TV Patrol.”
PAGE 8
Sept 23, 2015 - Sept 29, 2015
FIL-AM POST