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CRIMINAL AND TAX PENALTIES ON REPORTING OF FOREIGN BANK AND FINANCIAL ACCOUNTS (FBAR) See whole article on page 6 for more details. Stop creditors’ harassment by filing bankruptcy Options for a seaman to adjust status Read full article on page 6. See whole article on page 3 for more details. ENTERTAINMENT Janine Gutierrez says boyfriend Elmo Magalona approves of her 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). Download our FREE FIL-AM POST app at iTunes and Google Play Store. 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 [email protected]/. 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. CL ASSIFIED ADS JOBS UBER $20 Free Ride for users and $300 reward for driver sign up. Use promo code “7dnxe” JOBS JOBS CAREGIVERS NEEDED: WANTED Assist in personal care of elderly. $10/ hr. Send resumes: Rainbow Bright Adult Residential Facility 29 Duval Dr. South SF, CA 94080 or email [email protected] SPECIAL NEED CHILD CAREGIVER A family is looking for a child caregiver to help a physical disabled 20 months toddler in Milpitas, Ca. Help on providing home theraphy and baby’s daily life. Light House Keeping. Private room provided. Call (408)658-8898 Get the latest news from your iPhone, iPad and Android phones and tablets! Download our FREE FIL-AM POST app at iTunes and Google Play Store. JOBS JOBS NOW HIRING CAREGIVERS ROVING AGENTS FOR TELECOM ARE YOU LOOKING FOR EXTRA INCOME? DO YOU WANT BIG COMMISSION PLUS INCENTIVES? Preferably with experience in Telecom industry. CALL US AT 510.925.7088 NEEDED: Live-in for RCFE on Mendocino Coast $9-$10/hour based on experience plus overtime 38281 South Highway 1, Gualala, CA 95445 Call (707)884-4061 HOW TO PLACE AN AD IN FIL-AM POST: BY PHONE: BY EMAIL: 1-855-454-7678 [email protected] Please have this info ready: Company Name, Contact Person, Contact Numbers & Complete Address. Please include Company Name, Contact Person, Contact Numbers & Complete Address. Artwork should be attached. PAGE 8 May 14, 2015 - May 20, 2015 FIL-AM POST