Download our FREE SF POST app for your smartphones and tablets. Scan barcode or search for “sfpost” in app store / google play store to get exclusive deals and coupons from our advertisers. USD TO PHP: $1 = P44.70 as of Oct. 8, 2014 WE PROVIDE PRESS COVERAGE FOR ANY EVENTS OR PROMOTIONS. Contact 1-855-454-7678 for more details. SHOWBIZ Liza Soberano bags lead role in ‘The Bet’ - page 13 VOL. 2 ISSUE 50 VIEW US ONLINE: WWW.SF-POST.COM OCT 9, 2014 - OCT 15, 2014 FREE Batangas Farm Complex linked to Binay World’s largest passenger plane, piloted by Filipino, lands at NAIA ANILA—Vice President Jejomar Binay M could be using companies headed by a former supplier of the Makati government and staffed by his daughter’s law partners to front for him as owners of a sprawling farm in Batangas, senators said Wednesday. While Binay claimed to have divested of any interest in the 350-hectare farm in Rosario town, he had ties with Sunchamp president, FilipinoChinese businessman Anto- (Cont. on Page 15 ) nio Tony Tiu, M ANILA, Philippines—The world’s largest passenger jet piloted by a Filipino captain landed at the Ninoy Aquino International Airport 3 (Naia) on Tuesday night. The Airbus A380 of the Emirates airline from Dubai was piloted by Franklin Desiderio. President Benigno Aquino III welcomed the arrival of the jumbo jet with a water cannon salute. The Airbus A380 has a capacity of 500 passengers. With two full-length decks measuring a total of 6,000 square feet, the A380 is 50 percent bigger than the Boeing 747 and is widely considered as the solution to the common problems of rising number of plane passengers and congested tarmacs. Aquino also inspected the terminal’s facilities including check-in counters, x-ray machines, security areas, terminal fee windows, and pre-departure areas after a US website tagged Naia anew as one of the worst airports in the world. Email: California power regulator sought donation The 350-hectare property allegedly owned by the Binay family. PHOTO from the Office of Senator Antonio Trillanes IV Ebola patient Thomas Eric Duncan dies at Dallas hospital ALLAS — The first person to be diagnosed with Ebola D in the United States died early Wednesday, officials with Texas Health Presbyterian Hospital announced. “It is with profound sadness and heartfelt disappointment that we must inform you of the death of Thomas Eric Duncan this morning at 7:51 a.m.,” the hospital said in a written statement. “Mr. Duncan succumbed to an insidious disease, Ebola.” The Liberian citizen, who recently traveled from West Africa to Dallas to reunite with a long-lost son and the teen’s mother, had been in isolation at Texas Health Presbyterian since Sept. 28. (Cont. on Page 2) S AN FRANCISCO (AP) - California’s largest utility released an email Monday saying the state’s top regulator privately asked the company to donate more than $1 million to support an environmental ballot initiative, and a separate $100,000 to a celebration of the utility commission’s 100th anniversary. Pacific Gas & Electric Co. also said prosecutors have informed the utility that federal authorities are investigating the legality of five years of back-channel communications between PG&E and the utility commission. The U.S. attorney’s office said it would have no comment. The email is the latest in a series released by the utility and others that allegedly show PG&E executives privately negotiating (Cont. on Page 15 ) New Effort to Help Struggling Taxpayers Get a Fresh Start ASHINGTON — In its latW est effort to help struggling taxpayers, the Internal Revenue ties. The goal is to help individuals and small businesses meet their Service today announced a series tax obligations, without adding of new steps to help people get a unnecessary burden to taxpayers. fresh start with their tax liabili- Specifically, the IRS is announcing new policies and programs to help taxpayers pay back taxes and avoid tax liens. “We are making fundamental changes to our lien system and other collection tools that will help taxpayers and (Cont. on Page 6) give How to Discharge IRS Tax Debts in Bankruptcy Story on page 7 TRENDING Next in line: Janella Salvador -page 13 The San Francisco Post NATIONAL Colorado Supreme Court, Suthers clear way for same-sex licenses PAGE 2 Oct 9, 2014 - Oct 15, 2014 The Colorado Supreme Court lifted injunctions against three county clerks on Tuesday, and Colorado Attorney General John Suthers gave the order for all county clerks to begin issuing same-sex marriage licenses. The court’s actions clear the way for clerks in Denver, Boulder and Adams counties to begin issuing the same-sex marriage licenses. Less than an hour after the order was issued, Suthers gave all 64 county clerks the order to begin issuing same-sex marriage licenses. “There are no remaining legal requirements that prevent same-sex couples from legally marrying in Colorado,” Suthers said in a statement. “Beginning today, Colorado’s 64 county clerks are legally required to issue licenses to same-sex couples who request them.” The Supreme Court also has lifted a stay and dismissed an appeal in the state case challenging Colorado’s voterapproved ban on gay marriage. Because of that decision by the high court, Adams County District Court Judge C. Scott Crabtree’s ruling that Colorado’s ban is unconstitutional stands. Shortly before noon, the U.S. 10th Circuit Court of Appeals lifted the stay in a federal lawsuit filed by six Denver couples. By lifting the stay, the ruling by a federal judge that Colorado’s ban is unconstitutional is also allowed to stand. Within minutes after the Colorado Supreme Court handed (Cont. on page 1... EBOLA PATIENT) t was not immediately known what would happen to his body, which could remain contagious for several days. Guidelines from the Centers for Disease Control and Prevention call for the remains to be immediately shrouded in plastic and double-bagged in leak-proof bags at the hospital, then promptly cremated or buried in an airtight casket. Duncan’s down its orders, Boulder and finally been given the legal Denver county clerks angreen light to stand with nounced their offices would every loving couple,” Johnresume issuing same-sex son said in a statement. “I marriage licenses. am humbled to carry on her “This is a wonderful day torch and continue the legfor Colorado and especially acy of standing on the right for couples and their families side of history, and behind who have been denied this every Colorado family. fundamental right for far too Equality at last wins.” long,” Boulder County Clerk Clerk offices across the and Recorder Hillary Hall metro area remained relasaid in a statement. tively quiet Tuesday mornSuthers filed joint motions ing. In Denver and Boulder with the clerks to the Supreme offices, members of the Court Monday night, asking media outnumbered couthem to lift the injunction and ples applying for marriage dismiss the case. The court David Lane, left, and Mari Newman, both attorneys represent- licenses. granted the requests around ing a group of same sex couples seeking to get married in ColoHall started issuing samerado, joke with one of their clients, Kate Burns, after they attend sex marriage licenses in 9:30 Tuesday morning. Denver Clerk and Recorder a press conference in front of the Tenth Circuit Court of Appeals Boulder on June 25, hours Debra Johnson, a long-time in Denver, October 06, 2014. after the U.S. 10th Circuit advocate for same-sex marCourt of Appeals overriage, said she was happy Suthers was standing with the turned Utah’s ban on same-sex marriage. Hall ignored clerks and Colorado’s same-sex couples. several deadlines and request from Suthers to stop issuing “After decades of patience, Colorado’s state capitol has the licenses this summer. quarantine for more than a week because they were living in the same apartment with him. On Tuesday, Duncan’s son Karsiah travelled from West Texas to try and see his father for the first time in 16 years. “My thoughts are with the family and friends of Thomas Eric Duncan at this time, especially his fiancée, Louise, their son, Karsiah, and all those w h o loved him,” Dallas County Judge C l a y Jenkins said in d e a t h a writcomes ten statefour days men t. after his “ W e condiare also tion was thinking downof the graded dedicated from sehospital rious to staff who critical. assisted Over the Ebola patient Thomas Eric Duncan in 2011. Mr. Dunweekend, can daily he had while he begun receiving brincidofovir, an experi- fought this terrible disease. We offer mental antiviral drug that recently gained prayers of comfort and peace to everyone emergency approval from the Food and impacted by his passing.” Drug Administration. Duncan, 42, is the first person known “He fought courageously in this battle,” to die of Ebola in the United States. The the hospital said in a statement. “Our pro- virus, which is spread through direct confessionals, the doctors and nurses in the tact with bodily fluids, has killed more unit, as well as the entire Texas Health than 3,400 people in West Africa in 2014, Presbyterian Hospital Dallas community, the World Health Organization estimates. are also grieving his passing. We have ofDuncan’s illness and treatment sparked fered the family our support and condo- controversy. He arrived in Dallas on lences at this difficult time.” Sept. 20 from Liberia, one of the areas hit Louise Troh, Duncan’s fiancée, and hardest by the outbreak. three of her family members have been in Pot, immigration trip up governor, Senate candidates in Denver debates Colorado voters were “reckless” for legal- doesn’t support amnesty-style solutions izing retail marijuana, Gov. John Hick- — said Monday he did not support reenlooper said Monday, during a pair of quiring people in the United States who debates marked by candidates who dealt are here illegally to go back to their home with uneasy positions and pivots. “I’m countries before re-entering legally. not say“I don’t ing it was think that’s reckless necessary because at all in the I’ll get era we live quoted evin today,” erywhere, he said. but if it was That, up to me, I h o w e v e r, wouldn’t conflicts have done with what it, right?” Beauprez Gov. John Hickenlooper, right, gestures while his ophe said Colorado on ponent, Republican candidate for governor Bob Beauprez, left, wrote d u r i n g waits for his turn to speak, during a debate moderated by Politico his blog, the Den- reporter Manu Raju, center, in Denver, Monday Oct. 6, 2014. A Line of ver Metro Sight, in Chamber of 2007, when Commerce debates. “I opposed it from he called sending immigrants home a the very beginning. Oh, what the hell, I’ll “cleansing process.” say it was reckless.” Gardner said Monday he supports the The lunchtime debates between Hick- DREAM Act, federal legislation that enlooper and his gubernatorial challeng- would grant permanent residency to er Bob Beauprez, and later Sen. Mark qualified children of immigrants here ilUdall and his Senate challenger Rep. legally for the purpose of attending colCory Gardner, were meant to focus on lege or joining the military, as part of imeconomic issues. migration reform. The governor explained that he believed He also was asked whether he believed Coloradans lacked enough data about in “a pathway to citizenship.” health effects in voting for retail pot, and “I believe some form of work status is suggested other states should take heed. going to be the ultimate solution that we Questions regarding immigration re- come to,” said Gardner, who has long form played a big role in both debates, held he doesn’t support providing amwhich saw both Republicans pivot from nesty to those here illegally. “I believe past hard-line stances. earned status is going to be eligible to be Beauprez — who has long said he part of the solution.” Twitter sues FBI, DOJ to release NSA request info NEW YORK (AP) — Twitter is suing the FBI and the Department of Justice to be able to release more information about government surveillance of its users. Twitter Inc. filed a lawsuit Tuesday in a California federal court to publish its full “transparency report,” which documents government requests for user information. The published report does not include the exact number of national security requests because Twitter, along with other Internet companies, has been prohibited from disclosing that information, even if no requests were received. The San Francisco-based social media company said in a blog post that it believes it’s entitled under the First Amendment to “respond to our users’ concerns and to the statements of U.S. government officials by providing information about the scope of U.S. government surveillance.” Spokespeople for the FBI and DOJ weren’t immediately available for comment. The U.S. government has been able to access phone networks and high-speed Internet traffic for years to catch suspected criminals and terrorists. The FBI also has started pushing technology companies like Google, Skype and others to guarantee access to their data streams and grab emails, video chats, pictures and more. The technology companies say they turn over information only if required by court order, and in the interest of transparency with their customers, want to share information about the government’s activities. THEFT OF FREE NEWSPAPER IS A CRIME IN THIS STATE. WORLD BRIEF The San Francisco Post Official: U.S. won’t shift campaign to save Syria town besieged by ISIS MURSITPINAR, Turkey -- The Islamic State of Iraq and Syria (ISIS) is about to capture the Syrian border town of Kobani, Turkey’s president said Tuesday, as outgunned Kurdish forces struggled to repel the extremists with limited aid from U.S.-led coalition airstrikes. A Pentagon official told CBS News national security correspondent David Martin that the U.S. is not shifting its air campaign in an effort to save Kobani. The official said the embattled town is one of many in Syria and Iraq which are under attack by ISIS. What sets it apart is not its plight but its location on the Turkish border, which makes it possible for the world to watch. “Kobani is horrible but right now there’s a lot of horrible in Iraq and Syria,” the official said. “Kobani is not unique.” ISIS fighters using tanks and heavy weapons looted from captured army bases in Iraq and Syria have been pounding Kurdish forces in Kobani for days. Since the extremists’ offensive began in mid-September, more than 400 people have been killed in the fighting, activists said. The beleaguered Kurdish militiamen defending Kobani received some support overnight and Tuesday from the American-led coalition, which carried out six airstrikes against ISIS militants around the town, destroying four armed vehicles, damaging a tank and killing fighters, the U.S. military said. Much of Kobani’s population -- an estimated 160,000 people -- have already fled into Turkey and are living in jam-packed refugee camps. Turkish President Recep Tayyip Erdogan said the coalition air campaign launched last month would not be enough to halt ISIS’ advance and called for greater cooperation with the Syrian opposition, which is fighting both the extremists and forces loyal to Syrian Presi- dent Bashar Assad. “Kobani is about to fall,” Erdogan told Syrian refugees in the Turkish town of Gaziantep, near the border. “We asked for three things: one, for a no-fly zone to be created; two, for a secure zone parallel to the region to be declared; and for the moderate opposition in Syria and Iraq to be trained and equipped.” Turkish tanks and other ground forces have been stationed along the border within a few hundred yards of the fighting in Kobani - also known as Ayn Arab but have not intervened. Just days ago, Turkey said it wouldn’t let Kobani fall. Syrian Kurds, however, have scoffed at the rhetoric coming out of Ankara. They say that not only are the Turks not helping, they are actively hindering the defense of Kobani by preventing Kurdish militiamen in Turkey from crossing the border into the town to help in the fight. “We are besieged by Turkey, it is not something new,” said Ismet Sheikh Hassan, the Kurdish defense chief for the Kobani region. Despite Erdogan’s dire assessment, Kurdish forces managed to push ISIS militants out of most of the eastern part of Kobani on Monday, hours after the extremists stormed into neighborhoods on the edge of town, according to the Britain-based Syrian Observatory for Human Rights. The Kurds may have been helped by a round of airstrikes late Monday against ISIS positions. Two more rounds followed Tuesday morning, when journalists on the Turkish side of the border heard the sound of warplanes before large plumes of smoke billowed just west of Kobani. Those strikes helped slow ISIS’ shelling of Kobani, Hassan said. Dozens killed as ISIS, Kurds clash in Kobani BEIRUT -- Kurdish forces defending jihadists and 19 Kurds were killed a Syrian town near the Turkish bor- in the battles, making it one of the der clashed with militants from the deadliest days since the latest round Islamic State of fighting of Iraq and began three Syria (ISIS) weeks ago. on Monday afISIS apter repelling a peared to wide-ranging be making jihadist assault advances the day before in at least in battles that some of the left dozens hotspots dead on both around the sides. town, reWhile the portedly Kurds remain raising their army tanks take up position on the Turkish-Syrian border near the southeastern flag on a in control of Turkish town of Suruc, across the border from Kobani, Syria, Oct. 6, 2014. the town of building afKobani, an ter clashes Associated Press journalist on the in the eastern part of Kobani. Turkish side of the border saw two The assault has forced some 160,000 black banners with Arabic writing - Syrians to flee and strained Kurdish one raised over a building and another forces, who have struggled to push from a nearby hill - at the eastern back the jihadists despite being aided entrance on Monday, suggesting that by U.S.-led coalition airstrikes. On the Turkish side of the border, at ISIS fighters may have regrouped and least 14 Turkish army tanks took up broken through the Kurdish perim- defensive positions on a hilltop near eter. Kobani. Heavy bombardment could The Britain-based Syrian Observato- be heard down below as plumes of ry for Human Rights and a statement smoke rose from the town. A shell from the fighting struck a from the Kurdish force known as the People’s Protection Units, or YPK, house and a small grocery store across said more than 45 fighters on both the border in Turkey, but no one was sides were killed Sunday near the wounded. At least four people were in a similar incident on Suntown of Kobani, including a Kurdish injured day. female fighter who blew herself up, Syrian Kurdish forces have long killing several jihadists. been among the most effective adKobani and surrounding areas have versaries of the ISIS group, keeping been under attack since mid-Septem- it out of their enclave in northeastern ber, with ISIS militants capturing doz- Syria even as the extremists routed the armed forces of both Syria and ens of nearby Kurdish villages. The YPK said in a statement that there neighboring Iraq in recent months. But in recent weeks the overstretched were 50 points of clashes around KoKurds have struggled to counter the bani on Sunday, adding that 74 ISIS jihadists, who have looted heavy arms fighters as well as 15 Kurdish gunmen and vehicles from captured Syrian were killed. The Observatory said 27 and Iraqi army bases. Vladimir Putin celebrates 62nd birthday in the wilderness MOSCOW -- Russian President Vladimir Putin is celebrating his 62nd birthday in the wilderness of Siberia as supporters from across Russia create tributes in his honor. Putin celebrated his birthday Tuesday in the Siberian forest some “300-400 kilometers from the nearest populated area,” his press secretary told Russian news media. Putin has often brandished his tough-guy image with widely publicized wilderness romps during which he hunts, fishes or rides horses - often while shirtless. In Grozny, the capital of Chechnya, thousands carried a 600-meter-long Russian flag through the streets. Others dressed in the red, white and blue of the Russian tricolor walked through the streets as an enormous human flag, many of them holding portraits of the Russian leader over their heads. Ramzan Kadyrov, Chechnya’s president, wrote on his official Instagram account that there were 100,000 participants. Russian news websites published photographs from a one-day exhibition in Moscow titled “The 12 Labors of Vladimir Putin,” in which Putin is depicted as Hercules - battling Western nations disguised as serpents and monsters or taming an ox bearing the symbol of Crimea, the Ukrainian region annexed by Russia in March. Warning shots traded by warships from 2 Koreas SEOUL, South Korea - Warships from the rival Koreas exchanged warning shots Tuesday after a North Korean ship briefly violated the disputed western sea boundary, a South Korean defense official said. The shots were fired into the sea and there have been no reports of injuries and damage to the ships of either side, the official said on condition of anonymity, citing office policy. Such exchanges are not uncommon at the sea boundary, the scene of several deadly maritime skir- mishes between the Koreas in recent years. But the latest incident happened three days after a group of high-profile North Korean officials made a surprise visit to South Korea and agreed to resume senior-level talks. South Korean President Park Geun-hye on Monday stressed the need to hold high-level talks on a regular basis, saying she hopes North Korea would show how sincere it is about improving ties. The South Korean official said the North Korean ship was in South Korea-controlled waters for about 10 minutes before it retreated to its waters. He said a South Korea navy ship first broadcast a warning and then fired warning shots before the North Korean ship fired back at waters near the South Korean ship. PAGE 3 Oct 9, 2014 - Oct 15, 2014 The end of the Hong Kong protests? HONG KONG -- Crowds of onstrators, once again snarlprotesters who filled Hong ing traffic and angering many Kong’s streets with demands commuters. One young for more democprotester sleepr a c y ily brushed his thinned teeth as rush dramatihour began, c a l l y while a sleeping demonTu e s day after strator leaned student back in a nylon chair nearby, leaders and the his mouth open and his eyegovernm e n t glasses askew. agreed to Two women walk over makeshift stairs at a road barricade blocking a Despite the hold talks main road into the pro-democracy protest site, Oct. 7, 2014 dwindling in the innumbers of activists on the creasingly frustrated city. streets, protest leaders insisted Just a couple of days after tens the movement was far from of thousands of demonstrators defeated, and vowed to walk thronged the city’s streets, only away from negotiations if the a few hundred protesters were police used force to clear away scattered across the three main the remaining demonstrators. protest areas for much of the ”It is true democracy we’re day. But the six-lane highway looking for!” one of the demthat cuts through the heart of onstrators cried into portable Hong Kong’s business district loudspeaker, as the group remained blocked by dem- shouted her down. PAGE 4 Oct 9, 2014 - Oct 15, 2014 OPINION The San Francisco Post Binay has become the ‘Artful Dodger’ F Editorial A s if the lack of trains to ferry commuters through the length of the Metro Rail Transit 3 on Edsa is not enough, the government is also apparently finding it very difficult to maintain the facility—thus the frequent breakdowns and service cutoffs. Last August, one train even overshot the tracks at the Taft Avenue station, injuring at least 38 passengers. This series of unfortunate events involving the MRT3 has prompted a Senate inquiry, and at the hearing last week finger-pointing was expectedly the name of the game. A private shareholder in Metro Rail Transit Holdings blamed the government’s failure to renew the original maintenance contractor for the current MRT3 woes. But the head of the Department of Transportation and Communications claimed that the fault lay with the private owners. Senators at the hearing were told that the termination of Sumitomo Corp. as original maintenance contractor in 2012 was a key factor in the MRT3’s sorry state. Sumitomo designed, built and maintained the MRT3 system under the principle of a “single point of responsibility,” which supposedly meant that the Japanese firm guaranteed 20 trains “running at any given point in time.” When the government terminated the contract with Sumitomo in October 2012, the DOTC effectively lost the single point of responsibility that has now led to the squabble over who was at fault, the Senate subcommittee on transportation was told. But Transportation Secretary Joseph E.A. Abaya defended the contract termination, claiming that Sumitomo had raised its price from $1.4 million to $2 million a month but refused to guarantee its work of maintaining the system. Even the current maintenance operator washed its hands of the blame. At the Senate hearing, the representative of Autre Porte Technique Global Inc. argued that it should not be blamed for the MRT3’s defects because the transit system’s problems—trains stopping in mid-track, losing communication with base due to radio traffic interference, running with doors open, and overshooting the stations, or smoke emitting from a train while it is running—were not linked to maintenance but to engineering issues that fell on the shoulders of the operations department, which is the DOTC. We share the exasperation of Sen. Grace Poe, (An Employees owned Publication) Distributed weekly in Northern California 1290 B Street, Suite 203, Hayward, CA 94541 Tel # 510-885-8827, Fax # 510-538-7115 infos@sf-post.com / advertise@sf-post.com www.sf-post.com Teresita Estanislao Editor-in-Chief & CEO Atty. Crispin C. Lozano Exec. Vice President Adda Humady General Advertising Manager Don Orozco Bureau Chief, Silicon Valley Alvin Maglan, CPA Controller Inquirer.Net Content Syndication Partner San Francisco FilAm Post, LLC Publisher of San Francisco Post & SF Filam Post The San Francisco Post will be happy to hear from you. Comments, letters to the editor, contributions, story/picture submissions can be sent via email to infos@sf-post.com. ATTN: San Francisco Post,. All submissions are subject to editing for style and accuracy. All Rights Reserved 2013. 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For Content: Advertisers assumes full responsibility containing the right to use any name, address, trademark, service mark, trade name, or other copy in any advertisement. Advertiser assumes full responsibility for determining that the advertising will conform in all respects to all applicable laws, including but not limited to, all licensing requirements of federal, state or local licensing authorities. Disclaimer: Views and opinions expressed herein by writers, columnists, contributors and advertisers are their own and do not necessarily reflect those of the publisher, management and staff of The San Francisco Post. Our publication will not be responsible for incorrect printing, reproduction, photographical errors or information list or for loss or damage of unsolicited manuscripts. Reproduction or redistribution in whole or in part is prohibited. who chairs the Senate subcommittee hearing the MRT3 issue. She rightly criticized both the maintenance provider and the DOTC, noting the existence of other, more competent, companies that could do a better job. “I don’t understand why this is happening,” she lamented. We likewise cannot agree that “maintenance” should be limited to wiping the trains clean or sweeping the floors of the stations. In the invitation to bid for the maintenance contract, the DOTC specified that the service provider should be able to maintain “safe running conditions with on-time and reliable performance … while still effectively maintaining cost at a minimum level.” Of course, this government takeover is not certain to result in an improved MRT3 because additional trains and a competent service provider are what it badly, urgently, needs. The riding public should not be made to endure the inefficiencies of the government and the maintenance firm that it hired to keep the MRT3 system in shape. Taxpayers deserve better service. or somebody who claims to be innocent of the corruption charges leveled against him and his wife and son, Vice President Jejomar Binay certainly is acting like a As I See It guilty person. by Neal H. Cruz An innocent person will want to confront his accusers so that he can clear himself quickly, but Binay keeps dodging and evading them. He refuses to defend himself before the Senate blue ribbon subcommittee investigating the charges against him, although he has been politely invited several times by the senators. He defends himself by delivering speeches but refuses to answer questions from reporters and hides behind his two mouthpieces who issue statements in his stead. When questioned by reporters, his answers are evasive: “I will answer that at the right time and at the right forum.” Asked why he does not defend himself in the Senate committee, he replies: “Magtatrabaho muna ako (I will attend to my work first).” He conveniently goes out of town to give relief supplies to evacuees or land titles to former squatters at the same time that he is supposed to be appearing before the Senate. In another speech before squatters last Wednesday, he said of his accusers, “Hindi ko sila uurungan, lalaban tayo (I won’t run away from them, we will fight),” making sure he puts the people in his corner to gain their sympathy. Yet that is exactly what he is doing, running away. He is not fighting, he is dodging, evading and hiding. He has become the Filipino version of the Artful Dodger. The latest gambit of his camp is to question the jurisdiction of the Senate blue ribbon committee. The Ombudsman is already investigating the case, his camp says, and therefore the Senate has no jurisdiction over it and should stop its investigation. If the Senate doesn’t do that, Binay’s camp threatens to take the case all the way up to the Supreme Court. One does not have to be a lawyer to see that Binay is desperately clutching at straws to prevent the Senate and the people from knowing the truth of what the Binays have been accused of doing in Makati. They obviously want to use the notoriously slow legal system to delay the unfolding of the truth. As witness the case against his wife Elenita, also for overpricing—in her case, of hospital supplies when she was mayor of Makati. The case is already decades-old in the Sandiganbayan and there is still no end in sight. Can’t the same standard be used in Makati? My attention was recently caught by a news report that on Sept. 22 the Sandiganbayan (SB) found Zenaida Maamo guilty beyond reasonable doubt of violating Sec. 3 (h) of the Anti-Graft and Corrupt Practices Act, and that it had sentenced her to a prison term of six years and one month (minimum) to 10 years (maximum), plus perpetual disqualification from public office. What was her crime? As mayor of Liloan, Southern Leyte, Maamo hosted in 1995 a visit by President Fidel Ramos. She contracted out the catering for the affair to seven eateries, one of which apparently belonged to her. The bill for everything amounted to some P87,000 (50 persons, 3 meals a day x 5 days, and 350 persons, 2 meals x 2 days). The amount that went to her eatery was P43,000. I repeat: P43,000. The case against her was brought by her successor, Tomas Tan. (Aha! It was politics!) Presumably, he filed charges at the Office of the Ombudsman (OO) soon after he took over. (Pity she didn’t have a son or husband to succeed her; then there would have been no problem.) But the information was filed with the SB only in 2005 (end April), or 10 years after the misdeed. And the SB took another nine years to resolve the case. Thus is justice dispensed in the Philippines. I bring this case up so it can be compared with the cases I mentioned last week in this column, brought against the former mayor of Makati early on in his reign—1994. Charges were filed by the OO against Jejomar Binay in 1994, although the complaints were brought way back in 1987. The Maamo case is similar in that the OO took about the same time between the filing of the complaint against her and the actual charge before the SB. The reaction by the accused to the OO’s charges, however, seem to be totally different. Whereas Maamo made no effort to demur—lawyers are expensive, after all— Binay immediately asked the SB to quash the information against him, saying that his right to due process had been violated by the long delay of the OO. When that didn’t succeed, he moved for reconsideration, and when that didn’t succeed, he ran to the Supreme Court for succor. The high court found in his favor, and ordered the SB to dot its i’s and cross its t’s. After the SB did just that, and still finding no reason to quash and still suspending him, Binay came up with another delaying tactic: He claimed that the SB had no jurisdiction over him, and that the proper court was the Regional Trial Court. The SB denied him, so he ran to the Supreme Court again for a temporary restraining order. The high court again found in his favor. Get Real by Solita Monsod Sue Marcoses for keeping 156 paintings, lawmakers urge MANILA, Philippines–Militant lawmak- Rep. Imelda Marcos and Ilocos Norte ers in interviews with the Inquirer Sunday Gov. Imee Marcos. called on the Aquino administration to turn “The Marcoses should have the good the screws on the Marcoses for refusing to sense to just surrender the paintings to the turn over 156 artworks, including paintings of Van Gogh, Monet and Michelangelo that were allegedly part of their ill-gotten wealth. “I think we should end this kid gloves’ treatment of the Marcoses. If the government wants to confiscate those paintings, it can do it and use the law to do it,” said Akbayan Rep. Walden Bello. file photo taken on June 7, 2007 shows former first lady Imelda The Presidential Com- This Marcos is seen in her apartment in Manila with a gallery of paintmission on Good Gov- ings including a Picasso, seen at upper right. ernment (PCGG) announced on Friday that in a series of raids, agents of the National government,” Ridon said. Bureau of Investigation had seized 15 Skirting a lawful order does not bode well paintings from the Marcos residences. for the presidential ambitions of the famKabataan Rep. Terry Ridon told the ily,” he said, referring to Senator Marcos’ Inquirer that the PCGG should be bold avowed interest in running for President enough to file contempt charges against or Vice President in the 2016 elections. Sen. Ferdinand Marcos Jr., Ilocos Norte Bayan Muna Rep. Neri Colmenares said: “It has been decades since the former dictator had been ousted from power but we barely skimmed the surface of his ill-gotten wealth and his family is again creeping into power. The government should go all out in retrieving the Marcos loot.” PCGG Chair Andres Bautista on Sunday said it was only now that the government was acting on the Supreme Court’s 2003 ruling in favor of the government’s forfeiture of the Marcos family’s estimated ill-gotten wealth of $10 billion, including $658 million in Swiss bank deposits, priceless artworks and prime properties abroad. He said the decision was penned by then Justice Renato Corona who computed the Marcos family’s wealth at only $304,000 with anything above that considered disproportionate to the late Ferdinand Marcos’ salary as President from 1965 to 1986. The raids were carried out last week after the Sandiganbayan ruled that eight paintings owned by Imelda were purchased using money stolen from the government. “At least now we are acting on it and we want to convey a strong message that we have not forgotten about the Marcoses,” Bautista said. HOMELAND The San Francisco Post Senate subcommittee junks Binay challenge anew MANILA, Philippines — The Senate blue ribbon subcommittee junked anew the jurisdictional challenges filed before its ongoing investigation on the Makati City Hall 2 parking building “for lack of merit.” Senator Aquilino “Koko” Pimentel III, chairman of the subcommittee, immediately ruled on the issue when the body resumed its hearing Wednesday morning. Pimentel said the jurisdictional challenges raised by Makati Mayor Jejomar Erwin “Junjun” Binay and other individuals “are all denied for lack of merit.” The senator maintained that the panel has jurisdiction over “all legislative matters relating to, including investigation of, malfeasance, misfeasance, and nonfeasance in office by officers and employees of the government, its branches, agencies, subdivisions and instrumentalities.” He also pointed out that the mayor never raised any challenge to the jurisdiction of the subcommittee when he first appeared before it last August 20, 2014. Binay even “made” all department heads of the city government attend the past hearings of the subcommittee, said the senator. “The jurisdictional challenge should have been brought at the earliest opportunity, as in fact according to the Rules of the Blue Ribbon Committee, a jurisdictional challenge must be raised and resolved before proceeding with the inquiry,” Pimentel said. “It is also the personal opinion of the chairman of this subcommittee that the jurisdictional challenge may only be raised by a member of the committee. It cannot be raised by a resource person and certainly not by any department head who is not even the subject of any investigation of malfeasance, misfeasance, and nonfeasance,” he added. The body had earlier junked the same petition filed by Mayor Binay, but his camp appealed the decision before the main blue ribbon committee being headed by Senator Teofisto Guingona III. BIR, other agencies to check PNP chief’s lifestyle MANILA, Philippines–Bureau of “A house is also a mansion, a Internal Revenue (BIR) Commis- mansion is also a house. At the end sioner Kim Henares on Tuesday of the day it will be tackled by the said a lifestyle check on Philip- lifestyle check. I’d rather not make pine National Police Director General Alan Purisima and other members of the police force would commence soon. Henares said the PNP, Department of the Interior and Local Government, National Police Commission (Napolcom), Office of the Ombudsman and the BIR had been tasked to conduct a Philippine National Police Director General Alan Purisima: Under scrutiny; comparison of a po- (inset) his house in Nueva Ecija. liceman’s salary with his assets. “This is more efficient because any conclusion now because some say I won’t be objective,” we will work on the documenta- might said. tion or evidence,” Henares said. Henares Also on Tuesday, the Office of “The Ombudsman and the BIR the Ombudsman confirmed it had will help the PNP, Napolcom and started a lifestyle check on PurisiDILG in the investigation so we ma, who is facing questions about his assets, including a 4.7-hectare will just have a single probe.” Henares added: “We’re just final- property in Nueva Ecija province. The task includes checking on izing our memorandum of agreement and the memorandum circu- Purisima’s family as well, according to Cyril Ramos, Deputy Omlar that will show how serious the budsman for military and other DILG, Napolcom and PNP want to law enforcement offices. make the process as transparent as The lifestyle check will delve into possible.” Purisima’s statement of assets, liHenares does not see any conflict abilities and net worth (SALN), in the ongoing debate on Purisi- Ombudsman Conchita Carpio Moma’s property. rales said. Floods submerge Metro roads MANILA, Philippines—A thunderstorm on Tuesday afternoon caused flash floods which led to heavy traffic in many areas in Metro Manila, a perennial problem which the Metropolitan Manila Development Authority (MMDA) attributed to improper garbage disposal and a flawed drainage system. The MMDA flood control team said that the sudden downpour left impassable to all types of vehicles several roads, including the South Superhighway-Osmeña/ Buendia in Makati City, due to knee-deep floodwaters. The Pasong Tamo tunnel on Edsa Magallanes was almost half-flooded. MMDA Chair Francis Tolentino also cited this reason during a forum at the Sofitel Philippine Plaza on Tuesday. According to him, the flood problem in the metropolis can be attributed to the undercapacity of the drainage system. At the same time, he reiterated that the improper disposal of garbage was another contributing factor. MANILA, Philippines – Pasig Rep. Roman Romulo seeks to strengthen the rights of airline passengers and impose liabilities on airlines following unreasonable denial of boarding, loss or damage of baggage, delays or cancellation of flights and injuries or death. The House of Representatives committee on higher and technical education chairman has filed Bill No. 5069, the “Airline Passenger Bill of Rights Act,” in line with his pro-consumer advocacy. Romulo said he himself, “like other passengers, has already experienced having his flight delayed for several hours and on some occasions even can- sa Asyenda Luisita (Ambala). In a phone interview, Aguas confirmed that his village received P3.5 million for a twostory building, which the Department of Public Works and Highways (DPWH) built near a covered court. “I did not handle or receive a centavo or a piece of nail from that project. My constituents were the ones who benefited from having a barangay (village) office,” Aguas said. Aguas was the barangay captain handpicked by Aquino to hold the Bible at his inauguration on June 30, 2010. Though present at the rite and clad in a barong tagalog that the Palace had made for him, Aguas just stood in the sidelines. Luy drops bombshells vs Estrada MANILA, Philippines–Sen. Jinggoy Estrada, who is accused of embezzling P183 million of his pork barrel allotments, once phoned businesswoman Janet Lim-Napoles to complain that his “commission” from a project was short by P10,000, whistle-blower Benhur Luy told the Sandiganbayan on Tuesday. It was but one of the bombshells that Luy dropped on his return to the witness stand against Estrada, sending the detained senator’s lawyers scrambling for legal remedies to block the testimony. Looking confident and relaxed as in his previous court appearances, Luy narrated how Estrada purportedly collected his kickbacks from the elaborate scheme that Napoles allegedly drew up to funnel some P10 billion in Priority Development Assistance Fund (PDAF) allocations of lawmakers to her spurious nongovernment organizations (NGOs). “Estrada’s commissions were collected by his middlemen or his representatives. [Napoles] made the payments either in cash or in checks,” he told the Sandiganbayan Fifth Division, which is hearing Estrada’s bail pe- NAIA is world’s No. 1 again MANILA, Philippines– Ninoy Aquino International Airport (Naia) again topped the list of the 10 worst airports in the world for “its rundown facilities, impolite personnel and staff, and long wait times,” according to a US website. The country’s main international gateway has been earning the dubious tag since 2011. Airport officials dis- NAIA missed the latest article as “rehashed.” In “10 of the Worst Airports in the World” on US website wallstcheatsheet. com, the Naia topped the list over such airports as Charles de Gaulle in Paris, Los Angeles International and Bergamo Orio al Serio in Italy. Citing the American news cable channel CNBC, the article said the Manila airport struggled to cram 32 million travelers into a facility built to handle way too few passengers. “Travelers complained about the airport’s rundown facilities, impolite staff and officials, and long wait times,” writer Kirsten Klahn said. “That shouldn’t come as a shock, though, considering it only has a capacity for six million passengers,” Klahn said. Klahn made mention of the travel blog, “The Guide to Sleeping in Airports” (www.sleepinginairports. net), which ranked the Naia in 2011 and 2013 as the worst according to travelers based on comfort, conveniences, cleanliness and customer service. But the latest article noted the country’s plan to build a new airport, which it hoped would be “up and running in five years.” Officials of the Manila International Airport Authority (MIAA), the government agency that runs the four Naia terminals, were unaffected by the online article. Rep. Romulo : Rights of Airline Passengers Strengthened Village chief close to Aquino is DAP recipient CITY OF SAN FERNANDO—President Benigno Aquino III had approved the release of P3.5 million under the Disbursement Acceleration Program (DAP) to a village chief in Hacienda Luisita, a group of farmworkers said, citing a report from the Department of Budget and Management (DBM). The money was released to Edgardo Aguas, village chief of Central in Tarlac City, three months before the Senate impeached Chief Justice Renato Corona following the Supreme Court’s order to distribute the sugar estate’s 4,500 hectares to at least 6,000 farmworkers, said Florida Sibayan, chair of the Alyansa ng mga Manggagawang Bukid PAGE 5 Oct 9, 2014 - Oct 15, 2014 tition. He said the senator even asked Napoles to make a fund transfer to a bank account registered under the name of Juana Ng, who the witness claimed is a friend of Estrada’s. “[Estrada] once called Madam to complain that P10,000 was missing from the bundles of money we sent as his commission. That was sometime in 2011 or 2012,” Luy said. He said he was able to hear Estrada’s conversation with Napoles who put him on his speaker phone. He said he was familiar with the senator’s voice since he had heard him deliver speeches in the Senate and during parties hosted by Napoles. “After the phone call, Madam left our office while she was laughing a lot (tawa nang tawa),” he continued. Luy also claimed Estrada signed a letter endorsing Napoles’ NGOs as recipients of his PDAF while the lawmaker was presiding over a plenary session in the Senate. “I think he was still the Senate [President] Pro Tempore at the time,” he said. celled. During said instances, all passengers were not well attended much more apprised of their rights,” he said. Based on Romulo’s personal experience, he feels that airline companies should be forthright to all passengers with respect not only to the terms and conditions of their services, but also the possible relief that passengers are entitled to in case of delays or cancellation of flights. The bill’s explanatory note states: “Honesty is the best policy and Time is gold are two popular sayings that best encapsulate the manner by which air carriers should deal with its passengers.” TAX CORNER PAGE 6 Oct 9, 2014 - Oct 15, 2014 What to do if You Get a Notice from the IRS TAX CONSEQUENCES OF 401(K) DISTRIBUTIONS recent A court case ruling relating to 401(k) retirement savings plan revealed the court’s posiby: Alvin C. Maglan, CPA tion regarding hardship not serving as an excuse for early distribution and loan repayments being subject to penalty. David Matthews worked for a defense contractor from 2003 until 2010. During that time, he participated in the company’s 401(k) retirement savings plan. During his employment, Mr. Matthews borrowed $36,278 from his 401(k) account. In 2011, after losing his job, he requested a distribution of $128,140 from his 401 (k) plan account He understood that the loan would be repaid before he could receive a distribution from the account. The employer applied $36,278 of his accrued plan benefits to offset his outstanding loan. After the transaction, Mr. Matthews had $66,629 remaining in his 401(k) account, which he rolled to an IRA and promptly requested a distribution of $55,000. The employee was 49 years old in 2011. He explained that he did not want to apply for unemployment compensation after losing his job because he did not want to become a “burden on society” and that he was compelled to withdraw funds from his retirement to pay the mortgage and support his family. The IRS conceded that Mr. Matthews withdrew funds from his re- tirement accounts to alleviate economic hardship, but does that matter when considering the sec. 72 (t) penalty? As a general rule, if a taxpayer receives a distribution from a qualified retirement plan before attaining the age of 55-1/2, sec. 72(t) imposes an additional tax equal to 10% of the portion of the distribution which is includible in the taxpayer’s gross income. Mr. Matthews maintained that he should be excused from the additional tax prescribed because he was obliged to take the distributions under consideration to alleviate economic hardship. The court found no authority in the Code, the legislative history, or case law for general financial hardship exception to the imposition of the 10% additional tax on early distributions. Loan repayment is also subject to penalty. The employee argued also that since he did not actually receive the $36,278 that was applied to offset his outstanding loan, the additional 10% tax should not be applied in respect to that amount. The court disagreed. An actual distribution may occur in accordance with Reg. sec. 72(p)-1, Q&A-13 and (b) , in the event of a plan loan offset applies to a deemed distribution under sec 72(p) in the same manner as an actual distribution. While a 401(k) loan may seem like a good idea at the time, but if the client loses his job, the loan balance must be paid off. If paid from the plan as a “plan loan offset,” the payoff is deemed distribution subject to income tax and the sec. 72(t) penalty, if applicable. Al Maglan is a CPA licensed in California and Nevada. You can contact him @ 510 432 7438 for yout tax problems. You may e-mail tax questions at amaglan@aol. com or taxsaverspro@gmail.com. Shulman said. “People will have a better chance to stay current on their taxes and keep their financial house in order. We all benefit if that happens.” This is another in a series of steps to help struggling taxpayers. In 2008, the IRS announced lien relief for people trying to refinance or sell a home. In 2009, the IRS added new flexibility for taxpayers facing payment or collection problems. And last year, the IRS held about 1,000 special open houses to help small businesses and individuals resolve tax issues with the Agency. Today’s announcement comes after a review of collection operations which Shulman launched last year, as well as input from the Internal Revenue Service Advisory Council and the National Taxpayer Advocate. The IRS will significantly increase the dollar thresholds when liens are generally filed. The new dollar amount is in keeping with inflationary changes since the number was last revised. Currently, liens are automatically filed at certain dollar levels for people with past-due balances. (Cont. from page 1... NEW EFFORT TO HELP) them a fresh start,” IRS Commissioner Doug Shulman said. “These steps are good for people facing tough times, and they reflect a responsible approach for the tax system.” Today’s announcement centers on the IRS making important changes to its lien filing practices that will lessen the negative impact on taxpayers. The changes include: •Significantly increasing the dollar threshold when liens are generally issued, resulting in fewer tax liens. •Making it easier for taxpayers to obtain lien withdrawals after paying a tax bill. •Withdrawing liens in most cases where a taxpayer enters into a Direct Debit Installment Agreement. •Creating easier access to Installment Agreements for more struggling small businesses. •Expanding a streamlined Offer in Compromise program to cover more taxpayers. “These steps are in the best interest of both taxpayers and the tax system,” The San Francisco Post E tices. Here’s what you should do if you receive a notice from the ach year the IRS mails millions of no IRS: Don’t ignore it. You can respond to most IRS notices quickly and easily. And it’s important that you reply promptly. IRS notices usually deal with a specific issue about your tax return or tax account. For example, it may say the IRS has corrected an error on your tax return. Or it may ask you for more information. Read it carefully and follow the instructions about what you need to do. If it says that the IRS corrected your tax return, review the information in the notice and compare it to your tax return. If you agree, you don’t need to reply unless a payment is due. If you don’t agree, it’s important that you respond to the IRS. Write a letter that explains why you don’t agree. Make sure to include information and any documents you want the IRS to consider. Include the bottom tear-off portion of the notice with your letter. Mail your reply to the IRS at the address shown in the lower left part of the notice. Allow at least 30 days for a response from the IRS. You can handle most notices without calling or visiting the IRS. If you do have questions, call the phone number in the upper right corner of the notice. Make sure you have a copy of your tax return and the notice with you when you call. Keep copies of any notices you get from the IRS. Don’t fall for phone and phishing email scams that use the IRS as a lure. The IRS first contacts people about unpaid taxes by mail – not by phone. The IRS does not contact taxpayers by email, text or social media about their tax return or tax account. For more info, contact our office at 510 432 7438 for yout tax problems. You may e-mail tax questions at amaglan@aol.com or taxsaverspro@ gmail.com. IRS UPDATE: Update on Expired Federal Tax Provisions T he industry is awaiting on Congress to act on federal tax provisions that expired at the end of 2013. The earliest any extender legislation will be taken up by Congress is after the election in November. Once again, it appears that any extension of these provisions will not take place until late December. Right now it appears that a two year extension is on the table but it is not clear that all of the expired provisions will be extended. So we will have to wait and see what Congress does include in any extender bill that is passed in December. With that in mind, below is a list of the some of the provisions that have either expired or have significantly changed for tax year 2014. Provisions no longer applicable for tax year 2014 returns: - $250 Educator Expense Deduction – Form 1040, line 23 - Tuition and Fees Deduction – Form 8917 - Itemized Deduction for Sales Tax - 50% Bonus Depreciation - Exclusion of gain from income for foreclosed home mortgage debt (Form 982) - 15 year straight line depreciation allowed for qualified leasehold restaurant and retail improvements - Tax-free distributions from IRAs for charitable purposes - Nonbusiness energy property tax credit on Form 5695 - Contributions of capital gain real property made for conservation purposes (50% limitation applies instead of 30% limitation) Also note that the following Section 179 Expense provisions have been reduced as follows for 2014: - Maximum Section 179 Deduction amount: $25,000 - Maximum Cost before Section 179: $200,000 - Qualified Real Property category is eliminated - Stay tuned for more information on which provisions will be extended and what impact the lateness of any extender legislation passage will have on the start of the 2015 filing season. Expired Individual Provisions Not Applicable for Tax Year 2014 The following individual provisions expired at the end of 2013 and are not applicable for 2014 federal returns (unless Congress extends them): •Educator Expense Deduction – Form 1040, line 23 •Tuition and Fees Deduction - Form 8917 •Itemized Deduction for Sales Tax – Schedule A, line 5 •Mortgage Insurance Premiums continue to be deductible as qualified residence interest •Exclusion of gain from income of foreclosed home mortgage debt (Form 982) •Increased Section 179 Expense Deduction Amounts ◦Maximum Deduction: $500,000 ◦Maximum cost before the limit is reduced: $2,000,000 Maximum Section 179 Deduction for 2014 is $25,000. •Qualified Real Property category for Section 179 Expense Deduction ◦Maximum deduction: $250,000 ◦Qualified property includes: leasehold improvements, restaurant property, and retail property •50% bonus depreciation on qualifying property •Tax-free distributions from IRAs for charitable purposes •Nonbusiness Energy Property Credit – Form 5695, Part I •Contributions of capital gain real property made for conservation purposes (50% limitation applies instead of 30% limitation). Oct 9, 2014 - Oct 15, 2014 BANKRUPTCY How to Discharge IRS Tax Debts Stockton’s Bankruptcy in Bankruptcy - A Long Term Home Run RS Tax Relief in ing the whole payment By Atty. Crispin C. Lozano plan. U.S. Bankruptcy Judge Christopher Klein erties including a sports arena. Stockton IBankruptcy As we all know, tax In addition, bankruptPAGE 7 The San Francisco Post is having his Andy Warhol moment. Were it not for ISIS and the Ebola virus, all we would be hearing about on these pages and on FoxNews is Judge Klein’s ruling in Stockton, California. In a case likely to be heard before the Supreme Court of the United States, if Judge Klein’s ruling is confirmed and employee pensions are not sacrosanct in City and State bankruptcies, many cities in California that are insolvent today because of long term bad decision making will bite the bullet and declare bankruptcy. When these cities exit bankruptcy, they will be able to focus on representing their citizens and providing effective city services at appropriate levels rather than the levels in place because of fiscal issues threatening these cities. Municipal bankruptcies would result in cities becoming more efficient and perhaps representing their voters more ably and more responsibly. In the process, current municipal pension holders will be sadly harmed, but the result will be that future municipal employees will become watchdogs against profligate spending. What happened in Stockton? The City of Stockton determined that bad times would never come and built a new City Hall as well as other ‘necessary’ city prop- also paid more than competitive wages and promised unusually rich pensions and other wonderful lifetime perquisites to its employees. The political process was ‘just the political process’ and future liabilities were not adequately considered although there were likely rosy financial projections provided by City employees and well paid outside consultants. And then the dreaded tomorrow came and the ice cream cone melted. The City of Stockton could not pay its obligations. Like every other financial nightmare, be it a business, a professional athlete with no understanding that his/her career is shorter than those great first year earnings, or just an irresponsible or unlucky citizen, there are going to be financial victims in any bankruptcy. Such is Stockton. The bondholders want to be paid, the pensioners want to be paid, the current employees want to be paid etc. etc. etc. What the bankruptcy judge is saying is that everyone, not just the vendors and bondholders, will need to take a haircut. Obviously, there is some pain going to be felt by the current and former employees. The same thing happens in the private sector. Unfortunate, but that is the way it is sometimes. Apple says surprised by GT’s bankruptcy filing Apple Inc said on Wednesday it was surprised by supplier GT Advanced Technologies Inc’s bankruptcy filing this week, and is now considering its next steps. GT Advanced, slated to supply scratchresistant sapphire displays from a new Arizona factory Apple is helping bankroll, filed for bankruptcy on Monday but has offered little explanation as to why. In the iPhone maker’s first public response, it said it was working with Arizona officials on its next moves. “We are focused on preserving jobs in Arizona following GT’s surprising decision and we will continue to work with state and local officials as we consider our next steps,” spokesman Chris Gaither said. GT’s first Chapter 11 bankruptcy court hearing is set for Thursday. The New Hampshire-based company has said it will then explain what led to Monday’s surprise bankruptcy filing that wiped out 90 percent of the sapphire supplier’s market value. Until the hearing, industry insiders and Wall Street analysts have been left to speculate as to what triggered the move. Apple’s supply chain is said to be one of the best-run in the consumer electronics business. GT’s shares had more than doubled in the nine months between November’s announcement of the new Arizona plant and the launch of Apple’s new large-screen iPhones on Sept. 9. Investors had hoped GT would replicate Corning Inc’s success with Gorilla Glass. Shares of GT were up 30 percent at $1.57 on Wednesday morning. On Monday morning, the shares opened at $11.06. debts can spiral out of control and lead to an IRS tax lien, wage garnishment, or even property seizure. Most people mistakenly believe that taxes are never dischargeable in a bankruptcy. This myth is absolutely wrong! Although there are certain criteria that must be met, bankruptcy relief is often the best way to solve a serious tax problem and stop IRS collection activity. The filing of a bankruptcy case automatically and immediately stays (stops) IRS bank account levies and wage garnishments, and enables the taxpayer to either obtain a discharge or reorganize his or her tax liabilities. Remember, the IRS is not just any creditor and has the ultimate power to do things other creditors can only dream of. However, if you hire a lawyer before the situation gets worse, there are options and possible solutions available. Each type of bankruptcy treats IRS tax debt differently. The two most common forms of bankruptcy important to getting rid of or repaying IRS tax debts are Chapter 7 and Chapter 13. Tax Debts in Chapter 7 Some tax debts are dischargeable through Chapter 7 bankruptcy. If taxes are more than three years old and you filed tax returns related to them more than two years ago, the likely outcome is that you will not have to pay them. Tax obligations that are not dischargeable under Chapter 7 include taxes less than three years old, business taxes, sales taxes, and payroll taxes. In Chapter 7, non-exempt assets are liquidated; any of the leftover IRS tax debts are then discharged unless specific IRS specifications are still not met. If this criteria is not met, the entire IRS tax debt needs to be repaid in whole after the whole bankruptcy process is done. Recent IRS tax debt, meaning not older than three years is not dischargeable. Tax Debts in Chapter 13 If you are not qualified to file for a Chapter 7 or have decided that Chapter 13 is your best option, non-dischargeable tax debts can be included in your repayment plan. Chapter 13 is the most common of the important tax relief bankruptcy tactics, with some of the IRS tax debt being forgiven. Assets typically don’t need to end up being liquidated; with your income financ- cy’s automatic stay applies to the IRS as well, meaning all collection efforts pending against you will be stopped. Filing for Chapter 13 will also accomplish two other very important things: Penalties that the IRS has tacked on your tax debt will be discharged, AND, no new penalties or interest will accumulate while you are in Chapter 13. In short, you may pay considerably less money to the IRS by going through bankruptcy than you would if had tried to work out a debt settlement agreement with them on your own. Note: This is not a legal advice. You should seek the advice of your attorney about your specific case. 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. The bankruptcy trap in student-loan debt A S a bankruptcy attorney in Seattle, I get to see the issues affecting the economic well-being of Washington families. Unfortunately, coming ’round the bend is the crisis of student-loan debt owed to private lenders. The bank lobby, in 2005, pushed through the Bankruptcy Abuse Prevention and Consumer Protection Act, which made private student-loan debt essentially nondischargeable in bankruptcy. Before 2005, only federal student loans were difficult to get discharged. The change potentially means a lifetime of indentured servitude for some American families or, at least, severe economic hardship for those who can’t find a job straight out of school. Families affected can end up giving all their money to the private lenders and debt collectors, or take jobs in the underground economy to avoid garnishment. The cycle I’ve witnessed works like this: A student gets a private student loan cosigned by a parent or grandparent. The student graduates with a degree but is unable to find a job. The interest on the loan begins to pile up and the banks begin tacking on late fees. Then the student and parents are declared in default and legal fees are tacked on, on top of the interest and late fees. The fees and interest are capitalized and the student and parent are put on a payment plan that, if they are lucky, covers the interest because the loan is now two to three times its original size. (This happens less frequently with federal student loans because they are regulated, and the payments are based on income.) Most concerning, this debt is not dischargeable in bankruptcy and it is hardly ever forgiven. When the foreclosure crisis hit, underlying mortgage debt was dischargeable in bankruptcy and through foreclosure. Thus, families were able to start again after they lost their home. With student loans, that is not the case. In most circumstances, students can’t get the debt discharged. There is no start again. Worst of all, banks and debt collectors can get a lien on the student’s or parent’s home, garnish their wages and garnish their bank accounts. This issue is affecting people of all ages, including seniors who often co-sign on student loans. In a recent report, Bloomberg Businessweek analyzed data collected by the Federal Reserve Bank of New York and found student-loan debt is growing faster for seniors than for any other age group. Since 2005, the percentage of student loan debt held by persons over 50 has tripled. And while they only hold 17 percent of the total debt, these are communities that should be looking toward retirement — instead they are stuck in the student-loan debt cycle. Student-loan debt affects everyone, even those who don’t take out student loans. If people who take out student loans are unable to repay, they wind up in a debt cycle that prevents them from spending money in other areas of the economy. Because they are no longer contributing to the economy as a whole, through the purchase of homes and other goods, economic growth slows. Congress must restore the bankruptcy laws to what they were before 2005. The prior law forced private lenders to be more responsible because there was the threat that the debt could be discharged. It also forced private lenders to try and work with borrowers to find solutions that don’t force people into bankruptcy. Borrowers have a duty to be careful in the loans they take out. But there also need to be checks and balances. In 2005, those checks and balances for the student-loan lending market were stripped. It’s time to restore them. Sam Leonard is a bankruptcy and debt defense attorney at Leen and O’Sullivan in Seattle. PAGE 8 Oct 9, 2014 - Oct 15, 2014 The San Francisco Post The San Francisco Post IMMIGRATION PAGE 9 Oct 9, 2014 - Oct 15, 2014 False testimony is a bar to good moral character in naturalization application W e will discuss false testimony and other conditional bars to good moral character in this article. Q: Does false testimony constitute bar to good moral character? A: An applicant who gives false testimony to obtain any immigration benefit during the statutory period cannot establish good moral character (GMC). False testimony occurs when the applicant deliberately intends to deceive the U.S. Government while under oath in order to obtain an immigration benefit. This holds true regardless of whether the information provided in the false testimony would have impacted the applicant’s eligibility. The statute does not require that the benefit be obtained, only that the false testimony is given in an attempt to obtain the benefit. Q: What other acts constitute false testimony? A: While the most common occurrence of false testimony is failure to disclose a criminal or other adverse record, false testimony can occur in other areas. False testimony may include, but is not limited to, facts about lawful admission, absences, residence, marital status or infidelity, employment, organizational membership, or tax filing information. Q: What are the elements that constitute false testimony? A: There are three elements of false testimony established by the Supreme Court that must exist for a naturalization application to be denied on false testimony grounds, namely: 1.Oral Statements - The “testimony” must be oral. False statements in a written application and falsified documents, whether or not under oath, do not constitute “testimony.” However, false information provided orally under oath to an officer in a question-and-answer statement relating to a written application is “testimony.” The oral statement must also be an affirmative misrepresentation. The Court makes it clear that there is no “false testimony” if facts are merely concealed, to include incomplete but otherwise truthful answers. 2.Oath -- The oral statement must be made under oath in order to constitute false testimony. Oral statements to officers that are not under oath do not constitute false testimony. 3.Subjective Intent to Obtain an Immigration Benefit -- The applicant must be providing the false testimony in order to obtain an immigration benefit. False testimony for any other reason does not preclude the applicant from establishing GMC. BIA has also determined By Atty. Crispin C. Lozano 3. On September 9, 2014, that a single act of solicitwe received an approval ing prostitution on one’s from Immigration Court own behalf is not the same as procurement. of adjustment of status for a client who was previously denied an asylum. Q: Does smuggling a person constitute a 4. On September 8, 2014, we received an conditional bar? approval from USCIS of Form I-601A proA: An applicant is prohibited from estab- visional waiver for two clients. lishing GMC if he or she is or was involved 5. On September 5, 2014, we received an in the smuggling of a person or persons by approval from USCIS for Fiancée visa encouraging, inducing, assisting, abetting based on same sex petition. or aiding any alien to enter or try to enter 6. On September 4, 2014, we received an the United States in violation of law during approval of DACA for a client who has the statutory period. problem in her birth certificate. 7. On August 28, 2014, we received an Q: Is there an exception to this? approval of green card based on spousal A: This bar to GMC does not apply in cer- abuse. tain cases where the applicant was involved 8. On August 25, 2014, we received an in the smuggling of his or her spouse, par- approval of green card based on same sex ent, son, or daughter (and no other individual) to enter the United States in violation of law before May 5, 1988. Q: What if I practice polygamy? A: An applicant who has practiced or is practicing polygamy during the statutory period is precluded from establishing GMC. Polygamy is the custom of having more than one spouse at the same time. The officer should review documents in the file and any documents the applicant brings to the interview for information about the applicant’s marital history, to include any visa petitions or applications, marriage and divorce certificates, and birth certificates of children. Q: Is gambling also included? A: An applicant who has been convicted of committing two or more gambling offenses or who derives his or her income principally from illegal gambling activities during the statutory period is precluded from establishing GMC.[31] The gambling offenses must have been committed within the statutory period. Q: Can my habitual drinking bar me from GMC? A: An applicant who is or was a habitual drunkard during the statutory period is precluded from establishing GMC. Certain documents may reveal habitual drunkenness, to include divorce decrees, employment records, and arrest records. In addition, termination of employment, unexplained periods of unemployment, and arrests or multiple convictions for public intoxication or driving under the influence may be indicators that the applicant is or was a habitual drunkard. Note: This is not a legal advice. SUCCESS STORIES Q: Does prostitution constitute a conditional bar? A: An applicant may not establish GMC if he or she has engaged in prostitution, procured or attempted to procure or to import prostitutes or persons for the purpose of prostitution, or received proceeds from prostitution during the statutory period. The BIA has held that to “engage in” prostitution, one must have engaged in a regular pattern of behavior or conduct. The 1. 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. 2. 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. marriage with big age difference. 9. On August 1, 2014, we received an approval of waiver of joint filing of I-751 based on spousal abuse. With the approval she was granted permanent residence. 10. On July 21. 2014, we received an approval of green card based on marriage that was initially denied due to inconsistencies in interview response. 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 10 Oct 9, 2014 - Oct 15, 2014 IMMIGRATION Border Patrol agent allegedly concealed immigrants, authorities say LAREDO, Texas – A Laredo-based Border Patrol agent has been charged with conspiring to harbor and conceal illegal immigrants. U.S. Attorney Kenneth Magidson says 35-year-old Roberto Cantu Rodriguez was arrested Thursday at work. Rodriguez was appearing Friday before a federal magistrate judge in Laredo. According to the twocount indictment returned Wednesday, Rodriguez conspired with others for about a year beginning in June 2013 to conceal illegal immigrants. He’s also accused of misprision -- having knowledge of a felony and concealing that knowledge. Conviction on the conspiracy charge 2014 Visa Fee Changes O n August 28, 2014, the Bureau of Consular Affairs announced a number of changes to the fees for U.S. consular services effective September 12, 2014. Many consular services are provided on a fee-for-service basis. These services are reviewed annually to more accurately reflect the costs of providing these services. Q: What are the new Non-immigrant Visa Processing fees? Nonimmigrant Visa Processing Fees Type of Visa Previous Fee New Fee Treaty Investor and Trader visas (E) Fiancé(e) visas (K) Border Crossing Card (under age 15) $270 $240 $15 $205 $265 $16 Q: What are the new Immigrant Visa Processing fees? carries up to 10 years in prison. A misprision conviction could get him a three-year sentence. Both charges also carry possible fines of up to $250,000. Arrest or Detention of a U.S. Citizen Abroad One of the highest priorities of the Department of State and U.S. embassies and consulates abroad is to provide assistance to U.S. citizens incarcerated abroad. The Department of State is committed to ensuring fair and humane treatment for U.S. citizens imprisoned overseas. We stand ready to assist incarcerated citizens and their families within the limits of our authority in accordance with international law, domestic and foreign law. While in a foreign country, a U.S. citizen is subject to that country’s laws and regulations which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. As our Country Specific Information for each country explains, penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating the law, even unknowingly, may be ex- The San Francisco Post pelled, fined, arrested, or imprisoned. If arrested abroad, a citizen must go through the foreign legal process for being charged or indicted, prosecuted, possibly convicted and sentenced, and for any appeals process. Within this framework, U.S. consular officers provide a wide variety of services to U.S. citizens arrested abroad and their families. We monitor conditions in foreign prisons and may protest allegations of abuse against U.S. citizen prisoners when requested to do so by the prisoner. We work with prison officials to ensure treatment consistent with internationally recognized standards and to ensure that U.S. citizens are afforded due process under local laws and international standards. For more country-specific information, we encourage you to visit the Country Specific Information page for the traveling you are planning to visit. Immigrant Visa Processing Fees Type of Visa Immediate Relative and Family Preference Applications Employment-Based Applications Special Immigrant Visa Applicants (except for Diversity Visa applicants) Determining Returning Resident Status Waiver of Two-Year Residency Requirement Affidavit of Support Review (only when reviewed domestically) Previous Fee New Fee $230 $405 $325 $345 $220 $275 $205 $180 $215 $120 $88 $120 Q: What are the new fees for administrative service fees, such as renunciation of citizenship? Citizens’ and Administrative Processing Services Type of Service Administrative Processing of Formal Renunciation of U.S. Citizenship Charge for Consular Time (for fee services performed outside of normal business hours or away from the office) Previous Fee New Fee $450 $2,350 $231 $135 Q: When do the new processing fees go into effect? The new fees will take effect on September 12, 2014, 15 days after the day the interim final rule was published in the Federal Register. Q: What if I already paid my fee for an appointment after September 12? - Applicants will be charged the fee in effect on the day of payment. Fees for American Citizens Services are paid directly to the U.S. Embassy or Consulate on the date the service is delivered. Fees cannot be paid in advance. - For immigrant visa fees, the fee charged to an applicant will be the fee printed on the fee bill the applicant receives from the National Visa Center. Receipts for Immigrant Visa application processing remain valid for one year. - Nonimmigrant visa fees are generally paid in advance of the appointment through a bank contracted to provide fee collection services. Applicants using such a service will pay the application fee valid on the date they make that payment, with receipts valid for one year. For categories in which fees are increasing, receipts for payments made prior to the fee changes will be accepted for 90 days after the fee takes effect, or through December 11, 2014; after that date, applicants will pay the balance of the fee when they appear for their appointment. - In those countries where nonimmigrant visa fees are paid directly to the U.S. Embassy or Consulate, applicants will pay the fee valid on the date of their appointment. Nonimmigrant visa application fee receipts remain valid for one year. - In categories where fees are declining, no refunds will be available for those who paid prior to the effective date; however, these receipts are valid for one year from the date of issuance. Q: Why does the Department not issue refunds? I overpaid, and want my money back. - Application fees are assessed based on the day of payment. Therefore, no refunds will be given. However, receipts for payments made before the fee change will continue to be valid for one year from the date of issuance. Oct 9, 2014 - Oct 15, 2014 AROUND TOWN Water district moves forward to expand recycled water with city of Sunnyvale PAGE 11 The San Francisco Post S AN JOSE— On Tuesday, Sept. 23, the water district board authorized its chief executive officer to negotiate and execute five agreements with the city of Sunnyvale, California Water Service Company (Cal Water), and Apple Inc. The agreements will enable the water district to forge significant partnerships to advance recycled water as a drought proof supply in Sunnyvale. “This partnership between Sunnyvale, Cal Water and Apple is a momentous milestone that will allow the west side of Santa Clara County to expand its recycled water programs and help the water district take a step closer in meeting our goal to increase recycled water from 5 percent to 10 percent by 2025,” said the water district’s chief executive officer, Beau Goldie. “This increase will help us weather multiyear droughts in the future.” In 2013, the water board authorized the CEO to approve a cost-sharing agreement with Sunnyvale on the planning and design of the Wolfe Road Facilities to expand recycled water in Sunnyvale and West Santa Clara County for non-potable reuse (NPR) The additional five Wolfe Road Facilities agreements between the water district and partners include: two agreements with Sunnyvale—water supply and construction cost-sharing agreements; two agreements with Apple— funding and dedication agreements; and one agreement with Cal Water—a wholesaler-retailer agreement. In addition, draft terms are being developed for a future Long-Term Recycled Water Integration Agreement with Sunnyvale. “As a member of the recycled water committee, I want to thank district and city of Sunnyvale staff for their tremendous hard work, the council members who are on the joint committee, and for the cooperation from Apple and CalWater,” said water district board member Linda LeZotte. “This took such a collaborative effort to make this happen, and it needs to happen.” Construction of the Wolfe Road Facilities will expand non-potable recycled water use by serving the new Apple campus in Cupertino, as well as other potential customers in the Wolfe Road area. The water district will serve as a recycled water wholesaler in that system. Construction of the Wolfe Road Facilities also helps establish a framework for potential potable reuse, including indirect potable reuse (IPR) projects in Sunnyvale and the west side of Santa Clara County. One of the most promising alternatives is for the water district to partner with Sunnyvale to cost-share on the upgrade of their Water Pollution Control Plant (WPCP) and develop an option to use most of the recycled water produced by Sunnyvale (approximately 10 million gallons per day) for future potable reuse. The total cost of the project, including planning, design and construction, is estimated at $17.5 million. Through the cost-sharing agreement, contributions from Apple, Cal Water, and the city of Sunnyvale are $4.8 million, $1.5 million and $2.1 million respectively. The water district and the city of Sunnyvale jointly applied for and received a $2.5 million grant for the project from the California Department of Water Resources. The Pinoy Pride. Azenith Smith of KTVU News was recently the Keynote Speaker of the Philippine American Press Club Plaridel Awards held in South San Francisco. Here she poses with winners of the Plaridel Awards, which is for excellence for Filipino American Journalism held last Ocotber 2. October Birthday Celebrants. Milpitas Mayor Jose “Joe” Esteves led all October celebrants in the rendition of Happy Birthday number in his birthday bash held in Park Victoria, Milpitas. On his left are brothers Francis and Rafael, children of lovely couple Benjie and Luz Fernandez. Francis birthday was on the 10th while Francis was on the 11th. water district’s cost-share portion for the total project is estimated at $6.6 million. The water district is currently developing an overarching recycled water master plan for the entire county which will incorporate individual master planning efforts by the four recycled water producers in the county. Completing the Wolfe Road Facilities and planning for the potential expansion of recycled water for potable reuse in Sunnyvale is a key component of the recycled water master planning effort and will help the water district reach the board’s recycled water policy and goals. Other ongoing master planning efforts include the South Bay Water Recycling Master Plan encompassing the cities of San Jose, Milpitas, and Santa Clara; the South County Recycled Water Master Plan Update (where the water district serves as wholesaler) covering the cities of Gilroy, Morgan Hill and an unincorporated portion of the county; and a recycled water plan in the city of Palo Alto where the water district has recently initiated communications with Palo Alto to form a joint recycled water policy committee. 2 INC BROTHERS. Two brothers (Iglesia Ni Cristo) in the National Football League meeting for the first time. Brother Koa Misi, Linebacker #55 of the Miami Dolphins with Brother Marcus Padilla, Senior Producer/Editor of the Oakland Raiders meet up on week 4 match-up held at Wembley Stadium in London. HAPPY ELLENBERG FAMILY. Susan Slater Ellenberg, teacher and educator poses with her family from left Molly, husband Steve, Naava Gabriela and Zach. Susan is currently a candidate for the San Jose Unified School District Board of Trustees ( District 2) and is appealing to the Filipino American community for support in her candidacy. Good luck Susan. ARE YOU CELEBRATING YOUR BIRTHDAY, ANNIVERSARY, GRADUATION OR BUSINESS GRAND OPENING? SF Post can cover an exclusive feature of your event! Call us at 1-855-454-7678 or email us at advertise@sf-post.com to learn more. REAL ESTATE PAGE 12 Oct 9, 2014 - Oct 15, 2014 4 Things to Check When You Buy a House in Fall Buying a house in the offseason can be a great idea, as homes are a bit cheaper, sellers may be more inclined to sell and there’s less competition from droves of buyers. That’s not the o n l y advantage for those looking to buy a house in the f all: if you know w h a t to look for, you can actually use the fall season as a litmus test to help you spot potential problems and pluses on your prospective home. 1. Leaves, Leaves Everywhere Shopping for a home during the autumn is an easy way to see how impressive your home will look for years to come. Those turning leaves can make a day at home that much more relaxing. Of course, leaves can also bring a number of issues. If the property is full of trees, expect the yard to need heavy cleanup. Leaf cleanup can be difficult and time-consuming labor, so decide whether or not you want to pay for it or do it yourself. 2. Fireplaces Nothing’s cozier than a night next to a crackling fire when the cold creeps in. To ensure the cold isn’t creeping down the chimney, check the fireplace. Open and close the damper, checking for drafts each time. A little draft is fine, but a large draft means you may need a new damper. The San Francisco Post Investors still like rentals: Where they’re buying With home prices still rising and fewer distressed properties coming to market, some claim the singlefamily rental trade is over. Investors will hold the homes they have and securitize the assets in order to leverage their investments, but they won’t buy any more. “There is very little institutional buying at the present time, as prices have increased to the point where the returns on new investment are insufficient,” wrote Laurie Goodman of the Urban Institute in a recent report. She even went so far as to predict a $20 billion cap on the single-family rental securitization market. Laurie Hawkes, president and COO of Scottsdale, Arizona-based Ameri- 3. Insulation and Heating Fall is w i n d y. That’s good, because it will be easier to check for bad insulation. When t o u r ing the home, pass your hand over windows, electrical outlets, doors and baseboards Hi Leonard — I will retire in the to check for leaks. Make note next few years with a little over $1 of any rattling windows, which million. I fear the stock market at can indicate a loose seal. this time. Will property rentals be a good way for income in my retired 4. Watching the Rain Take a walk around the prop- years? If yes, is it better to buy the erty when it’s raining and check property with cash and have no debt for spouts of water shooting and have rental income? Robert W., out where they shouldn’t be. Buffalo, NY This means a gutter problem, Hi Robert — You’ve got some which could lead to flooding good questions and significant deif water pools on the ground. Make note of where the water cisions herein, and you need some is gushing and check the base- expert guidance. A good fee-only ment’s interior for signs of certified financial analyst (CFA) or certified financial planner (CFP) leaks. The Telltale Signs for Next should be able to walk you through Summer options on what you can do with Don’t forget problems that that million, and what income you creep up in winter will likely can expect based on the risk you are happen again in the summer. By checking for leaks, drafts willing to take with your portfolio. and other issues now, you’ll be This will help you determine whethsaving yourself potential repair er rental real estate, which generally costs—and high utility bills— has much higher risk than a well-diin the hottest months of the versified portfolio of stocks, should year, too. be part of your portfolio. can Residential Properties (ARPI), a single-family rental REIT with roughly 9,000 homes, firmly disagrees. “The buying is not over,” said Hawkes. “The math may not work in markets such as Arizona and California, but it’s no different than any other asset class where some heat up faster than others and then you move on.” American Residential may not be buying in Phoenix anymore, but it is spending about $100 million per quarter (roughly 800 homes) in markets like Charlotte, North Carolina, and Nashville, Tennessee. We see far more opportunity to buy than we have capital,” added Hawkes. One thing that all agree upon is that smaller and individual investors are increasingly entering the single-family market. While rental returns are falling slightly for properties purchased today, due to higher home prices, they are still well in the positive. “The single-family rental market is still strong, with returns averaging 9 percent in the 586 counties analyzed,” said Daren Blomquist, vice president at RealtyTrac. “Even so, the market is softening, with those same 586 counties averaging a nearly 10 percent return a year ago.” Real Estate Q&A: Retirement Investments & Condo Insurance After an education from a financial adviser, if real estate is part of the plan, that’s where my guidance could help. So to your questions: Will property rentals provide good retirement income? The answer is probably not. Most real estate investors who have cash flow properties bought them decades ago, and now they are starting to pay off. But in general, don’t expect cash flow for a long time. Should I buy with cash instead of debt? Having a significant amount of money tied up in property during retirement is probably not a good idea. What if you need the money, your tenants stop paying rent, the property is destroyed or you need long-term care? Owning dirt won’t pay the bills! It’s much easier to obtain cash from liquid assets when in need. By the way, congratulations on having over $1 million saved! Real estate investor and Zillow Blog contributor Leonard Baron answers questions from readers regarding buying, selling and investing. Have a question? Send it to Leonard@ProfessorBaron.com SPORTS Pacquiao prepares ‘non-stop assault’ on bigger, taller Algieri GENERAL SANTOS CITY, Philippines — World eight-division boxing champion and Sarangani Representative Manny Pacquiao has been training for a 12-round nonstop offensive against undefeated American boxer Chris Algieri. Pacquiao will be defending his World Boxing Organization (WBO) Welterweight crown against a 5’11 Algieri on November 23 at Venetian Hotel in Macau, China. “We are training him for more head movements, more punching combinations and a non-stop assault. We expect a bigger and taller Algieri to run around the ring. We should be ready for that. But, just in case, Algieri decides to mix it up then much better. The fight would end earlier,” assistant trainer and coach Robert “Buboy” Fernandez said in an interview. Fernandez added that they have been devising a game plan to limit the movement of Algieri inside the ring. “We will employ non-stop pressure. Our fighting congressman will chase him wherever he goes. Then try to throw three to five punching combinations to the head and body,” Fernandez bared. Fernandez has been enduring pain on both wrists brought about by the strong punches unleashed by Pacquiao during mitt’s session. “There was no fracture but the doctor advised me to take a rest for two weeks. I can’t do that at this stage when we’re in the thick of training for the Algieri fight. No matter what would happen, the training should continue,” Fernandez said. When asked to rate the current conditioning of Pacquiao, Fernandez said: “The way I see it, he’s 88 percent ready at this stage. It’s still a long way to go. My job is to prepare him for a more heavy training when Coach Freddie Roach arrives.” Roach is slated to arrive here Wednesday (October 8). Pacquiao’s first sparring session was scheduled on Friday. Canadian matchmaker and financial adviser Michael Koncz said Roach would be bringing along with him two sparring mates for Pacquiao. “We are not taking Algieri lightly. The guy is not a one-dimensional fighter. He has the ability to adjust to an opponent’s fighting style,” Koncz said in an interview. Koncz, however, praised Pacquiao for keeping himself in shape even without a fight. “Manny Pacquiao is different from other fighters. He stays in shape even if there’s no fight and his level of enthusiasm remains high even at this stage of his boxing career,” Koncz said. According to him, the Filipino boxing legend is already in tremendous condition several weeks before the scheduled fight. “His focus is great and even much better than what I had observed two years ago,” he said. Pacquiao has been suffering from a stiff shoulder since last week after his conditioning coach Justin Fortune included plyometrics in his training. “That is a normal effect of plyometrics. After two to three days, muscle stiffness would be gone,” Fortune said. UAAP Finals: FEU takes Game 1 vs NU, 75-70 MANILA, Philippines – The Far Eastern University Tamaraws seized game one of their best of three Finals series against the National University Bulldogs, 75-70, at the Mall of Asia Arena Saturday. Mike Tolomia topscored for the Tamaraws with 15 points although it was Roger Pogoy who helped pad the FEU lead to 10, 60-50, by scoring 10 of his 14 points, in that decisive third quarter. With the win, the Tamaraws move closer to regaining the title they last won nine years ago. When asked in a post-game conference what the Tamaraws did to pull away from the Bulldogs at the start of the second quarter, Coach Nash Racela said they just “went back to their strengths”. “Against NU, we had to go back to our strengths,” said Racela whose team beat defending champion La Salle twice in the semi-finals enroute to the Finals. Pogoy said he was left open every time Tolomia and Mac Belo were guarded and considered it a “blessing” that he could convert those shots. Meanwhile, Alfred Aroga topscored for NU with 17 while Gelo Alolino, the hero in NU’s do-ordie match with Ateneo, had 12. The Bulldogs, who are making their Finals appearance after 44 years, are expected to make adjustments when they face the Tamaraws in Game 2 of the Finals at 3:30 p.m. on Wednesday at the Smart-Araneta Coliseum. The scores: FEU (75) – Tolomia 15, Pogoy 14, Inigo 12, Belo 8, Hargrove 8, Jose 8, Dennison 5, Tamsi 3, Cruz 2, Ru.Escoto 0. NU (70) – Aroga 17, Alolino 14, Rosario 12, Khobuntin 9, Celda 7, Javelona 3, Beteyene 3, Alejandro 3, Diputado 2, Neypes 0, Perez 0. SHOWBIZ The San Francisco Post PAGE 3 Oct 9, 2014 - Oct 15, 2014 Fil-Am gets standing ovation from ‘The Voice’ coaches Liza Soberano bags lead role in ‘The Bet’ MANILA, Philippines—From the same California city which brought Jessica Sanchez to the world, a new Filipino-American singer is raring to make headlines on the world stage. MANILA – Young actress Liza Soberano that this is the first time for him to do a has finally landed a lead role in the upcom- youth-oriented love story. ing Star Cinema movie “The Bet,” which is “Hindi pa ako nakakagawa ng love story based on the Wattpad book. na movie na youth-oriented ‘yung dating. Soberano admitted that there came a point when she got worried about being typecast as the third wheel just like her past roles in her previous television and movie projects. “A lot of people were telling me na baka ma-typecast ako na third wheel but I’m finally happy na nabigyan ako ng sarili kong movie,” she told ABS-CBN News on Wednesday. Soberano said she is also happy to be paired with Enrique Gil, who was also her co-star in the movie “She’s The One.” “I’m really happy and honored na pinili ako because coming from ‘Got To Believe,’ I feel like I jumped to the movie kaagad with him. It makes me kind of nervous and sometimes I feel like I don’t know kung bakit ako pinili but it makes me also think na I must be doing something right. It also makes me feel special,” she said. Asked if she still gets shy around Gil, Liza Soberano the young actress said: “Okay naman, we are friends. We’ve worked together and we We really concentrate sa teens lang talaga. have the same handler so we kind of know It’s nice to try it. Gusto rin namin na after each other really well. Pero I still need to years and years kapag binalikan, like if si hang out with him more to get used to it.” Aga (Muhlach) and Yayo (Aguila), ‘BagIn “The Bet,” Gil plays the role of Drake, ets’ yun. Ito naman if Enrique and Liza, uy who gets into a betting game with his best ‘The Bet’ yun. Gusto namin yun ilabas. It’s friend, which involves courting the unsus- a teen movie that people are going to repecting Sophia (Soberano). When Sophia member,” he said. finally falls for him, Drake should tell her “The Bet” is slated to be released in thethat everything was just a game. aters within the year. Equally excited as Soberano, Gil noted 5. Pharell Williams, the music producer and artist behind the hit song “Happy,” was the first to woo Trinidad to join his team, stating that he has always waited for someone like Trinidad to work with. “I’ve never thought that I would find something that I usually look for from my own label. Like I’ve been dreaming for an artist like you all my career,” Williams said. Williams even kneeled on his chair while persuading Trinidad to be on his team. Country music superstar Blake Shelton, meanwhile, Katriz Trinidad. SCREENGRAB from The Voice YouTube Account said that Trinidad was “born to be a star”. Fifteen-year-old Filipino-American Katriz He also added that Trinidad deserved to win Trinidad had three out of four coaches turned “The Voice.” their chairs during her blind audition in the For her part, singer-songwriter Gwen Stefani Emmy award-winning United States reality said that the Fil-Am teenager was an “almost singing show “The Voice.” perfect singer”. Katriz Trinidad, who hailed from Chula Vista, Stefani added that it was “mind blowing” to California, got a standing ovation from Blake hear the voice of the young contestant. Shelton, Pharell Williams, and Gwen Stefani In the end, Trinidad chose Williams to be her for her rendition of Etta James’ song “At Last.” coach. The only coach who did not turn his chair for Trinidad appeared on the fourth episode of the Trinidad was Adam Levine of the band Maroon said singing show. Dolphy grandson nabbed anew for drugs–report MANILA, Philippines – A grandchild of the late Comedy King Rodolfo “Dolphy” Quizon was arrested Tuesday in Lumban, Laguna during a buy-bust operation, a radio report said. Rocco Quizon III and his wife Raquel Alcantara was arrested by police in an entrapment operation, the report said. It said the police, through an asset, transacted with Quizon through text messages. The asset agreed to buy fives sachets of “shabu” or methamphetamine hydrochloride worth P6,000 but Quizon only brought a sample worth P500. Police also seized from Quizon III various drug praphernalia. In 2010, Quizon III was also arrested and jailed for illegal drugs while in 2009, he was charged with illegal posssesion of firearms and attempted murder for shooting a friend but he was able to post bail. Next in line For many children of entertainment stars, joining show biz is like entering the family business. The offspring of the Zobels SALVADOR. Strong and deep roots in show business and Chinoy taipans become businessmen, while the youngest products of the Padilla, De Leon, Quizon and Ilagan clans become stellar performers—it’s as simple as that! For proof positive, we only need to take a look at today’s list of young stars—Julia Barretto, Daniel Padilla, Janine Gutierrez, Janella Salvador and Andi Eigenmann all have strong and deep roots in show business. And the list keeps getting longer by the year, as stellar babies become child stars, then tween sensations, then teen faves—while “unrelated” hopefuls have to work much harder in order to get noticed! Why, Zion, the love child of Richard Gutierrez and Sarah Lahbati, may just be a wee babe, but he’s already the lovely apple of everybody’s eye —and stardom, or at least similarly profitable baby product endorsements, are sure to follow! Much more imminently, some young chips off the old show biz block are already lining up their first portrayals: For instance, Niño Muhlach’s 4-year-old scion and lookalike, Alonzo, has gotten a number of producers really interested, like the MZet people, who have tapped him to play his “introducing” film role in the sequel to Vic Sotto and Ryzza Mae Dizon’s MMFF hit, “My Big Bossing’s Adventures.” For his part, Piolo Pascual’s teen son, Iñigo, has already “gone show biz” locally, as well, with an introductory film role already in the offing. On the other hand, being “relatively connected” to the biz isn’t a sure-fire ticket to stellar success, as some stars’ nonplussed scions have sadly discovered. For instance, with his looks and “intense” projection, it looked like Renz Fernandez, the son of Lorna Tolentino and action “prince” Rudy Fernandez, was sure to become an action-drama star himself. Unfortunately, the once popular action film format self-destructed some years ago, so Renz is still trying to find his alternative entry point to stardom! Filipinos in Talents Tokyo Five Filipinos made it to Talents Tokyo din. Each participant will have the oppor2014 to be tunity to present held during his or her project the 15th Tofor analysis by a kyo FILMex panel of industry from Nov. 24 experts. Hannah to 29. AttendEspia’s second ing the “filmfilm “Learning to maker cultivaBuild a Fire” was tion project” chosen for the are directors Next Masters SupGiancarlo port Program ProjAbrahan, ect Development Siege LedesFund, while Franma and Chuck HANNAH Espia (left) and Alemberg Ang cis Xavier Pasion Gutierrez, received the Interand producers national Promotion Alemberg Ang and Armi Rae Cacanin- Fund for “Bwaya.” Bayani San Diego Jr. Women’s groups accept Coco Martin’s personal apology Coco Martin Kapamilya actor Coco Martin has personally apologized to the Philippine Commission on Women (PCW) and women’s rights group Gabriela amid the backlash he received for appearing in clothing brand Bench’s“The Naked Truth” fashion show with a female model on a leash. Former Gabriela representative Liza Maza, who described the show as a“degrading and dehumanizing portrayal of women,” accepted the apology and expressed appreciation for Coco’s recognition of women’s rights. “In relation to Coco, hindi naman siya yung main na may pinaka may responsible sa segment na iyon. Mas yung management ng Bench at yung production. Sa tingin namin, si Coco may participation, pero hindi siya yung mainly responsible. Napakaganda na gestiure iyon na akuin mo at mag-apologize ka doon sa iyong participation.” CW Chair Emmeline Versoza also accepted Coco’s apology and invited him to help in her pro-women campaigns. Megan Young looking at Hollywood, Bollywood opportunities after Miss World reign “Expect bigger things to happen for Megan next year.” This is what Cory Quirino, Miss World-Philippines national director, replied when asked about what’s next for Miss World 2013 Megan Young, once she relinquishes her crown by the end of the year. Cory was interviewed by a few members of the entertainment press, including PEP (Philippine Entertainment Portal), at a lunch event with the Miss World-Philippines 2014 candidates last Wednesday, October 1, at Toki Japanese Restaurant in Bonifacio Global City, Taguig. The next Miss World pageant, which is the 64th edition, is set to take place this December in London, where Megan will crown her successor. She is the first Filipina to be crowned Filipina Miss World. Cory did not hide how pleased she is with Megan’s accomplishments while in her reign. “Extremely beyond our expectations because we didn’t expect Megan to address the youth of Harvard University a few months ago. She ad- dressed the youth of Harvard University, I think this was three months ago,” she related. Last May, Megan visited Harvard University in Massachusetts in the US and met with the Filipino community for a fundraising event. Most likely, Megan will continue with her showbiz career when her reign is over. However, it seems like she is widening her horizons this time. If things go well, Megan might try her luck in Hollywood in the US or Bollywood in India. Cory revealed: “I know that she has a standing offer with Bollywood [India’s film industry]. She has a standing offer because the people of India approached me. “The second she won [Miss World] they came to me, the license holder of Miss WorldIndia, the big boss, sent their emissary to me. His assistant made an offer for Bollywood and I said, ‘She’s under contract with Miss World [Organization], so you have to negotiate with Miss World.’” Miss World Megan Young CLASSIFIED PAGE 14 Oct 9, 2014 - Oct 15, 2014 To advertise, call (510) 885-8827 or email us at advertise@sf-post.com For more info contact Espie Agbayani @ (510) 815-8040 HOUSE & LOT FOR SALE MARIKINA HEIGHTS, PHILIPPINES Flood Free Area 2 Bed, 2 Bath; 100sq.m. lot $43,000 For more info,call (510) 325-4363 *PROMO FOR FIRST TIME ADVERTISERS: Only $40 for 4 issues (Classified Section - 6 liner) and $60 for 4 issues (Coupons Section) We accept Major Credit Cards PROPERTY JOBS JOBS USED CARS INCOME PRODUCING LAND 11 HECTARES ALL TITLED, GOOD FOR RESORT / MUST SELL HAIR CUT STATION COOK WANTED SELLING YOUR CAR? PROPERTY LOOKING FOR HOUSE & LOT around the Bay Area? EL Dorado Real Estate Services The San Francisco Post *120 young carabao mango trees harvesting approx. 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CARDS & COUPONS TRAVEL TOUR PACKAGES BUS TOURS of Orchid Farms, Gardens, Historical Sites, etc. from $80.00. CRUISES - round-trips from San Francisco or LA, CA to Mexico ($550.00), Canada ($250.00), Hawaii ($1,449.00). Fascinating tour onto the life Pope Francis in Argentina and learn it’s history and role of the church on its culture, society; and their famous tango (land /tour w/ some meals $2,950.00). FOR MORE INFO PLEASE EMAIL US AT biz-ok@outlook.com All prices are for double occupancy and subject to chage. CST 2099748 VISIT OUR WEBSITE AT WWW.SF-POST.COM 20% OFF on advertisements in SF POST 2 paid ads + 1 Free Ad, plus free ad on web Minimum of 3 mos. contract. Call for more details: 510.885-8827 GAMES & ENTERTAINMENT CROSSWORD SUDOKU To solve a Sudoku puzzle, place a number into each box so that each row across, each column down, and each small 3x3 square within the larger diagram (there are 9 of these) will contain every number from 1 through 9. In other words, no number will appear more than once in any row, column, or smaller 3x3 square. Working with the numbers already given as a guide, complete each diagram with the missing numbers that will lead to the correct solution. (Answers for Crossword and Sudoku on page 15) Across 1. Some calculator readouts, for short 5. Dries, in a way 10. Peeps 14. Cry of anticipation 15. Public madness 16. “That’s ___!” (debate retort) 17. Where to get dizzy 19. ___ With MoistureLoc (recalled contact lens cleaner) 20. Compelled 21. Four o’clock fare 23. Paves 26. Drawing-card piles 27. 1970’s New York Knick’s nickname 32. Secretive org. 33. Gift getter 34. Composer Faith 38. Sound from a triangle 40. Lion voiced by Liam Neeson in “The Chronicles of Narnia” 42. Fifth century pope known as “the Great” 43. Greek sanctuary 45. Ireland’s de Valera 47. Andy Gump’s wife 48. Aiming too high 51. Wreath 54. Vehicle pulled by a hoss 55. Lordly group 58. Watchdog watchdog gp. 62. “Moses und ___” 63. Dental mold 66. Woke up, with “to” 67. Yorkshire’s largest city 68. Other, south of the border 69. “The corn __ high...” 70. Like some previews 71. Cowboy’s friend Down 1. Reluctant: Var. 2. Popular plant “pet” 3. Kewpie,. e.g. 4. Jewish village of Eastern Europe, formerly 5. Autobahn auto 6. “___-di-dah!” 7. Seeing to the problem 8. Spare, sometimes 9. Greek greens 10. Tropic of Capricorn, for one 11. Rachmaninoff opera 12. Sheets 13. “The Cat in the Hat” author 18. “___ which will live in infamy”: Roosevelt 22. Grumble 24. Grounded avian 25. Feeling one 27. Shorebound newts 28. “Hair” song “___ Baby” 29. Ice hockey venue 30. Like Peary’s explorations 31. “My Cup Runneth Over” singer 35. Oar: Comb form 36. Nickel or copper, but not tin 37. ___ Yang Twins (rap duo) 39. Knee-slappers 41. Ark skipper 44. Swedish explorer Hedin 46. University competitions, briefly 49. Hits the “Send” button 50. Mint family herb 51. Simple adding devices 52. Grammy org. 53. Welcome smell 56. Agents under J. Edgar Hoover, informally 57. Fencer’s need 59. Bread for a gyro sandwich 60. Not wrong: Abbr. 61. “And giving ____, up the chimney...” : Moore 64. Cereal box letters 65. N. Pole dweller VIEW ALL OF OUR PAST WEEKLY ISSUES AT WWW.SF-POST.COM HOROSCOPE Aries March 20 - April 18 The amazing thing about your nature is that, like a good politician, you have just the right tone of voice and catch phrase for every situation. You can put on your smile and charm and talk your way out of just about any pickle you get into. Taurus April 19 - May 19 You’re apt to get the feeling that the grass is greener on the other side of the fence today, Taurus. Try not to get too hung up on this. Either make the effort to go where the landscape looks richer and more fruitful or stay where you are. Gemini May 20 - June 19 Your mind may wander to a fantasyland full of castles, wizards, and magic dragons today, Gemini. You could find that you’re putting yourself in the robes of a beautiful or handsome figure in a tall tower who’s waiting for the perfect mate to come along. Cancer June 20 - July 21 Get on the fast track and use your powerful words and creative mind to make quick decisions that are mindful yet spontaneous. If you get in a pinch today, Cancer, don’t worry about it. Simply relax, take a deep breath, and let your intuition guide you to the right path. Leo July 22 - August 21 Start the day with some vigorous yoga and then some meditation to help clear your mind, Leo. Stretch your body and get the blood flowing through all of your limbs. Once your blood is flowing, your mind will get moving. Virgo August 22 - September 21 Do something for the community today, Virgo, and really consider how your talents and skills can best be put to work. Consider volunteering at a school or library. Donate blood or help the elderly. Libra September 22 - October 21 If you’re having trouble tackling a giant problem, Libra, don’t get discouraged or overwhelmed. They key for you is to break things down into smaller chunks, analyze them, and figure out their role within the greater whole. Scorpio October 22 - November 20 It may seem like everyone around you is happy and getting what they want while you’re stuck in the trenches, Scorpio. Don’t compare yourself to other people and make judgments based on outside appearances. Sagittarius November 21 - December 20 Imagination and fantasy play a big part in your thinking today, Sagittarius, and you shouldn’t hesitate to embrace this frame of mind. There’s a great deal of power to be drawn from your sense of freedom to explore and dream. Capricorn December 21 - January 18 Engage more of your rational mind today, Capricorn. If your mind continues on its track into a fantasy world, you might consider enlisting the help of people who can help you bring some discipline to your situation. Aquarius January 19 - February 17 Suppose you were someone else for a day, Aquarius. How would it feel to be treated the way you normally treat other people? This is a good time to put yourself in someone else’s shoes and experience life through their eyes. By doing this, you’re apt to become more conscious of your own actions and the effect of those actions on the people around you. Pisces February 18 - March 19 Today your thoughts may turn to fashion and the different ways in which you can improve your wardrobe. Don’t be afraid to create a look that reflects your true inner spirit. Deck yourself in external splendor to illustrate the many different colors and layers that you carry on the inside. HOW TO PLACE AN AD IN THE SAN FRANCISCO POST: BY PHONE: BY EMAIL: 1-855-454-7678 advertise@sf-post.com 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. The San Francisco Post AUTOMOTIVE PAGE 15 Oct 9, 2014 - Oct 15, 2014 Claims for compensation from faulty GM ignition switch rise to 1,130 WASHINGTON (Reuters) -- The number of claims of injury and death linked to a faulty ignition switch in General Motors cars rose 30 percent last week to 1,130, according to a report on Monday from the lawyer overseeing a program set up to compensate accident victims. Since Aug. 1, claims related to 24 deaths and 16 injuries have been deemed eligible for compensation by the program, which is being overseen by lawyer Kenneth Feinberg. The number of eligible deaths is up one from last week. Claims for less serious injuries led the rise in claims, reaching 886 from 644. Less serious injuries, those that require hospitalization but did not cause permanent damage, will likely receive lower compensation offers than will claims for death or serious injury. The program will continue to receive applications until Dec. 31 on behalf of individuals injured or killed in accidents they say were caused by the switch problem. The switch General Motors can slip out of position, stalling the vehicle and disabling air bags. The fault led to the tive said Peevey also said (Cont. from page 1... EMAIL: CALIFORNIA POWER) he wanted PG&E to give $100,000 for a then-pendwith California Public Utilities Commission officials on matters related to rate in- ing celebration of the commission’s 100th anniversary. creases and financial penalties. Neither Cherry nor Peevey could be Consumer groups and others say the emails show too-cozy relations between reached for comment Monday. The CPUC the utility and regulators, and the commis- said it already has commissioned a thirdsion says some of the private communica- party review of its private communications with utilities. tions may have violated its own rules. PG&E eventually contributed $500,000 to In one email released Monday, from May 2010, former PG&E vice president Brian defeat Proposition 23, which sought to reCherry describes to PG&E colleagues a peal California’s landmark climate law and dinner he says he had just shared with com- clean energy signed by then-Gov. Arnold Schwarzenegger, according to MapLight, mission President Michael Peevey. “Mike stated very clearly that he expects an independent group that tracks campaign PG&E to step up big and early” to oppose spending. A state administrative law judge has suma ballot initiative that would have suspended the state’s historic climate change law, moned PG&E to a hearing Tuesday on earCherry says in the email to another com- lier emails with top commission officials. pany executive. “Mike said ... we need to In those emails, Peevey’s then-chief of staff and another commissioner, Michael spend at least $1 million.” Later in the same dinner, Cherry said, he Florio, negotiated with Cherry on picking “jokingly” remarked that the utility could the administrative law judge who would spend $3 million on the ballot initiative, if hear a PG&E rate case. Peevey was copied the utilities commission approved an unre- on at least one of those emails. lated $26 million payment that PG&E was Florio declined to comment Monday on seeking as a reward for its energy conser- the new email saying Peevey had pressed PG&E for donations, or say whether vation program. “He said that is a deal he could live with,” Peevey should stay on as the commission’s leader. “Not my decision to make,” Florio Cherry said of Peevey. In the same email, the then-PG&E execu- said. recall of 2.6 million vehicles earlier this year. In the initial update after the p r o g r a m ’s launch, Feinberg’s office reported approving 19 death claims, more than the 13 deaths the U.S. automaker had officially acknowledged. As of Friday, a total of 165 death claims had been submitted to the program, up from 153 previously. GM executives have said Feinberg will determine how many people are eligible for compensation under the program and that the fund has not been capped. Under the program’s protocol, eligible death claims will receive at least $1 million, which could increase depending on factors such as whether the deceased had dependants. GM has set aside $400 million to cover the compensation costs, and said the total could rise by another $200 million. Feinberg’s office previously said it has made the first cash offers to about 15 people. At least three families have accepted settlement offers from the program. energy company branched out into agri(Cont. from page 1... LIST OWNERS OF) tourism, Trillanes said. When his staff searched Greenergy’s weband director Mark Subido, the senators site, they discovered that its corporate secsaid. The “piggery farm’’ on a supposedly retary was Subido, he said. Subido is also a director of Earthright, leased property in Batangas was operated by Sunchamp Agri-Tourism Park, Binay’s the largest shareholder of Greenergy which owns controlling interest in Sunchamp, acspokesperson had said. Sen. Aquilino Pimentel III, chair of the cording to Trillanes. It turned out Subido is a senior partner a sub-committee of the Senate Blue Ribbon Committee that is holding hearings on of the Subido Pagente Certeza Mendoza & alleged corruption in Makati, said he will Binay Law Office, he said. Subido is a senior partner of the vice presinvite the vice president anew to respond ident’s daughter, Makati Rep. Abigail Bito the “serious charges. Former Makati Vice Mayor Ernesto Mer- nay, and Claro Certeza, counsel for Makati cado said he has proof the Batangas estate Mayor Jejomar Erwin Binay Jr., he said. Greenergy also shares the same address is owned by the Binay family. In a PowerPoint presentation at the Senate of the law office on the 3rd floor of Value Point hearing on Makati’s allegedly overpriced Executive Building, Salcedo Street, Legaspi carpark building, Sen. Antonio Trillanes Village in Makati. “If you look at the website, it is agri-tourism, IV bared Binay’s ties to Tiu and Subido. To show they were talking of the same yet it has no telephone number. It was really set farm, Trillanes said Sunchamp’s logo of a up as part of the coverup,’’ Trillanes said. lagoon jibed with the photos of the farm’s lagoon presented minutes earlier by Mercado. The senator said Tiu also set up Greenergy Holdings after supposedly purchasing Sunchamp and became its president. Greenergy’s major stockholders are Earthright, Sunchamp and Three Star Capital, proof that the originally renewable PAGE 16 Oct 9, 2014 - Oct 15, 2014 The San Francisco Post
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