THE date of separation is one of the most important facts to determine in a divorce case because it defines when the community interest ends and when separate property interest commences in a marriage. All property acquired by a married person while domiciled in the State of California is community property. Family Code Section 760. …
WITH credit card debt approaching $1 trillion according to the Federal Reserve, there is no doubt that thousands and thousands of families who can’t pay their credit card debts are struggling financially. The average family now carries a balance of a little more than $16,000. Now, this may not seem like a lot, but for…
“THERE is evil in the world.” I heard many people express these words after the Las Vegas massacre last week. It’s one of the statements that help people grapple with violence and senseless death of dozens of people, who were just “out there” enjoying life with country music among family and friends.” How else can we…
THE night of October 1 left us all in shock and devastation. With at least 59 people killed and more than 500 injured, the mass shooting in Las Vegas will go down as one of the darkest moments in U.S. history. Filled with horror and uncertainty, it was the darkest night in Las Vegas and one of the most horrifying scenes you never wish to see…
A POPULAR segment on my weekly immigration television show, “Citizen Pinoy”, is “Your Tanong, My Sagot”, where people ask immigration questions on a variety of subjects, and I offer my advice and guidance. Here are a sampling of questions from Filipino viewers, which may also be helpful to you: Question: I am a Filipino citizen,…
WHAT makes a non-citizen deportable? An alien or non-citizen, including a lawful permanent resident (“green card” holder) is deportable for having a conviction relating to controlled substances. Title 8 U.S.C. Section 1227(a)(2)(B)(i) states: “Any alien who at any time after admission has been convicted of a violation of . . . any law or regulation…
For thousands of years, China has been known to be the capital of herbal medicine. Other countries like the Philippines have their own local regional version of treating diseases and health conditions using herbal products. Today, we still hear an abundance of anecdotal testimonials about the efficacy of these natural “medications” from indigenous foods, plants,…
HEALTH CARE is a right and not just a privilege. This is the philosophy behind the plan proposed by Vermont Senator Bernie Sanders — a policy he has been advocating for years, and especially during the 2016 U.S. presidential election. Because it is a fundamental right, Sanders proposes a plan that would create a federally…
Malacañang on Wednesday, October 4, welcomed the Commission on Appointments’ (CA) confirmation of the ad interim appointment of Roy Cimatu as the Philippines’ environment secretary. In a statement, Palace spokesman Ernesto Abella expressed confidence that Cimatu would keep a “delicate balance” between the country’s economic development and environmental protection. “We welcome the confirmation of the…
OMBUDSMAN Conchita Carpio-Morales refused to bend to Philippine President Rodrigo Duterte’s dare for them to resign together, saying she “will not be baited into abandoning” her constitutional duties. In a statement, Morales said she is ready to answer all the president’s allegations against her. “I will not be baited into abandoning my constitutional duties,” the…
by Rian Mendiola /AJPress FILIPINO-American History Month is celebrated in the United States every October. The significance of the month is attached to the first recorded presence of Filipinos in the United States. It was on October 18, 1587 when the “Luzones Indios” came ashore from the Manila-built Spanish galleon Nuestra Senora de Esperanza under the…
I prefer standing for our National Anthem. That’s my choice. Men and women have fought, died or came home maimed fighting for our safety, freedom and to preserve our American Bill of Rights. One of those rights is to peacefully protest. So I don’t denigrate the players and teams who choose to take ‘the knee’…
Both Americans and Filipinos acknowledge their countries’ relationship is a “special one,” said Frank H. Golay in the book “The United States and the Philippines,” published by the American Assembly. Tracing back the pieces of history until the most recent issues emanating between the two countries, it is likely true. From the issues such as…
Beginning January 2018, the IRS will start certification of individuals with delinquent tax debt to the State Department. How will the IRS certification impacts you? • Upon receipt of certification. The State Department will either deny application or revoke current passport or both. • You are overseas. Limited validity passport for direct return to the…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code §760. This becomes a problem if you…
“IN moments of tragedy and horror, America comes together as one — and it always has. We call upon the bonds that unite us — our faith, our family, and our shared values. We call upon the bonds of citizenship, the ties of community, and the comfort of our common humanity. Our unity cannot be…
MANILA – Philippine Justice Secretary Vitaliano Aguirre II on Monday, October 2, filed a wiretapping complaint against Senator Risa Hontiveros in connection with the controversial capture of his phone message. In his complaint before the Pasay City prosecutor’s office, Aguirre said Hontiveros violated Republic Act 4200 or the Anti-Wiretapping Act when she publicized his exchange…
Philippine President Rodrigo Duterte on Monday, October 2, challenged Chief Justice Ma. Lourdes Sereno and Ombudsman Conchita Morales to join him and make their bank accounts public. In a speech before the government troops and displaced residents of Marawi City, the president maintained that he has never committed any corrupt practices as he denied anew…
The Philippine government on Friday, September 29 said it is open to accept help from its foreign allies in combating narcotics, corruption and criminality in the country, but not “dictation” on the process. Palace Spokesperson Ernesto Abella made the statement after 39 member-states of the United Nations (UN) recently expressed “serious concern” over Philippine President…
Philippine Vice President Ma. Leonor “Leni” Robredo said she is not a member of “Tindig Pilipinas,” a multi-sector coalition that calls for an end to the alleged spate of killings related to President Rodrigo Duterte’s anti-illegal drugs campaign. Robredo made the clarification more than a week after attending a mass organized by the group during…
Generally, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under family code section 760. How do you characterize real property purchased prior to marriage but with the mortgage principal paid down using community income or…
(This article is part 1 of several parts) Having literally represented several thousand clients in successful bankruptcy cases in the last 35 years in California, I have distilled the common misconceptions about bankruptcy into the following: 1. Will debtor go to jail for filing bankruptcy? NO. The debtor will not go to jail for filing…
Allen Buckingham, and three other employees, worked as “Implementation Advisor” or “Client Fulfillment Consultants” for Bank of America, N.A. They were classified as exempt by their employer and paid a fixed monthly salary. They were not paid overtime, regardless of their hours worked, and they were not provided meal or rest breaks. The employees were…
IRS agents are equipped with audit techniques unique to attorneys. Here’s insider info on how IRS instructs its agents to probe into: 1. Unreported income, deferral of income. 2. Advanced client costs. 3. Bartering. 4. Constructive receipts. 5. Personal service corporations. 6. Worker Reclassification – were employees misclassified as independent contractors? 7. Were Form 1099s…
Are you thinking of hiring a debt settlement company to help you solve your debt problems? Before you do, maybe you should read this article as it could save you a lot of money and frustration. One reason many consumers hire a debt settlement company is that their debt amounts have become simply unaffordable to…
Question: I entered a couple of months ago to the U.S. I want to get married and file my adjustment application. Do you see any problems with that? Answer: Yes, it will be a problem. On September 1, 2017, the Department of State (DOS) updated the Foreign Affairs Manual (FAM) with new guidance on the…
AS CONGRESS scrambles whether to repeal Obamacare and what to replace it with, Vermont Senator Bernie Sanders introduced a bill in the Senate that attempts to actualize what he has been advocating for: health care is a right for all Americans, and not just a privilege to be accorded to and enjoyed by those who…
The special election seeks to fill the vacant seat in CA’s Assembly District 51 On Tuesday, October 3, Angelenos from a handful of communities on the northeast side of Los Angeles will head to the polls to vote for a new representative in the State Assembly. The special election was announced after former State Assemblymember Jimmy…
“If you ask me if I’d die for my Christian faith as St. Lorenzo Ruiz did before his torturers, I’ll say I’m not sure,” Deacon Danilo Guinto openly said during his homily to the seminary community on the Feast of St. Lorenzo Ruiz and his companions. “I hope I could,” he added. His honest and…
They say, “Experience is the best teacher.” Through it, we learn what makes us strong and what breaks us. It teaches us what to do and what to avoid. It makes us want to dream, live, laugh, fail, and try again. We live and get the most out of every experience so that when we…
