During the Guam Trade Mission conference, that attracted about 172 Filipino executive and businessmen, a Guam-Philippine Business Council has been formed. The objective of the said council is to boost and further strengthen the relationship of the two parties in terms of business and trade.

Among the attendees of the conference was the former president of MERALCO (Manila Electric Company), Jesus Francisco. Francisco is now the chairperson of MIESCOR (Meralco Industrial Engineering Service Corp.) which is a subsidiary of Meralco. According to Francisco, he is glad to attend the conference because he is interested to look at the opportunities in Guam in terms of electro-mechanical, power plants, building transmission lines and other which the MIESCOR could engage in.

The statement of Francisco was in relation to the statement of Gov. Felix Camacho, governor of Guam in a briefing prior to the conference who said that with the moving of US military personnel and their dependents to Guam from Okinawa, Japan, Guam will be needing to build a 200- mw power plant that will meet the increase in power requirements once the military starts to transfer.

The opportunities in Guam in term of information technologies, especially in terms of conversion of data are also being investigated according to the president and CEO of 1 Document Corp. He also said that the island is an ideal investment area for Philippines because of its proximity to the Philippines along with the similarities of its people to the Filipinos in culture and history.

David John who is the president of ASC Trust Corp. which is based in Guam said that with the buildup of military in Guam, Philippines and Guam both will have an increase in two-way business traffic. He said that more businesses will come here in Manila while those businesses here in Manila will have an opportunity to go to Guam.

By 2010, about 8, 000 military personnel together with their 9, 000 dependents who are now based in Okinawa will transfer to Guam. The transfer will run over a 5-year period. With these, Camacho took note of numbers of opportunities for Filipino investors specially those who are in real estate, agriculture and aquaculture, financial services and captive insurance, and even retails in food products.

The transfer of the military personnel will necessitate construction and improvement of infrastructure of the island like bridges, roads, health and recreational facilities and housing. An estimated $15 billion is expected to be spent by Japan and US as relocation fund. According to Camacho, the bottom of line of this is that the island will be needing additional workers to about 12, 000- 15, 000 who will support the military buildup. And with the initiative of private sectors, it is expected to even reach to 25, 000 workers.

Other jobs opportunities that will be opened to the Filipinos aside from skilled construction workers will include occupational therapist, engineers, physicians, architects, nurses and the like. Guam has been exempted from the “H” visas or the US wide quotas for immigration which will take effect beginning November of this year, in order to support the military buildup. The exemption from the “H” visas will last up to the last day of 2014 and would cover not just Filipinos but all nationalities.

Workers from the Philippines will only be given temporary working visas which mean they will need to return home when their contracts are up. But those working with “H-1B” visas – visas given for professional or specialty workers and those who have a US master’s degree can apply for a green card during their stay on Guam.

The chairman of the Guam Economic Development Authority, Ricardo Dueñas revealed the putting up of a liaison officer in Guam by the Philippine Overseas Employment Agency Administration (POEA) to assist in the hiring of workers from the Philippines for the projects.

Peter Sgro, president and chairman of a consulting firm in Guam, the International Group Inc., and who is among the primary organizers of the Guam Trade Mission to Manila which is composed of 20 man said that the conference had exceeded their expectations. He added that the interest in investing on Guam is clearly indicated by the attendance of representatives coming from the executive level.

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Foreign employers who thought it is easy to hire Filipino domestic helpers are in for a surprise as the Philippine Overseas Employment Administration (POEA) recently imposed more stringent rules on the hiring of low skilled workers.

The new rules specify that employment contracts of household service workers and other low skilled workers must be verified by the Philippine Overseas Labor Office (POLO) and the Philippine Embassy.

It also imposed additional requirements for employment processing including national certificate II from the Technical Education and Skills Development Authority (TESDA) and language orientation certificate from the Overseas Workers Welfare Administration (OWWA).

The POEA said the new circulars were issued to strengthen the protection mechanism for overseas Filipino workers (OFWs). However, the Federated Association of Manpower Exporters vehemently opposed the new laws. The association said it would “strangulate” to death the Philippine recruitment industry.

Federation president Eduardo Mahiya, who expressed disappointment that the new regulations were imposed without conferring with the overseas employment sector, claimed that the new regulations are “unrealistic” and “detrimental” to the hiring of more OFWs.

“It is not the POEA rules that raise the hackles of the overseas employment sector but the manner by which the POEA issued the circulars,” Mahiya said. He added that the new regulations were issued last June 1 and did not allow much time for them to prepare for a transition.

Mahiya rhetorically asked what is the use of all the marketing missions which the President herself attends if after coming home, the direct providers of overseas employment opportunities are prevented from deploying more?

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Despite the landslide win of President Mahmoud Ahmadinejad of Iran for his second term, the Iranian is still in protest for more than two weeks now. Cable News Network (CNN) has been reporting that the Islamic Republic of Iran is still in chaos after the election because the Iranians are still protesting the decision of mullah, the Ayatollah Khameini to recognize the result of the election.

Iranians and indie reporters who are knowledgeable with the world of technology are finding their ways to share what is happening in their country through Facebook and Twitter, together with sharing links to Youtube and Liveleak. This is because of the news blackout to all independent news company aside from the state – owned media which has the lone coverage of what is happening.

Philippines had its own turmoil with the two People Power Revolutions which resulted to the dethroning of two presidents, Marcos and Estrada. Both presidents had issues of corruption with an additional blemish of Marcos implementing the martial law. Shah Reza Pahlavi of Iran had a similar situation when he was overthrown which resulted to chaos then to the ruling of the mullah.

Marcos and Pahlavi were both leaders who had placed their respected countries in threat by communism and by what seemed to be the recoiling of democracy. It happened during the peak of U.S’ Central Intelligence Agency (CIA) influence as the policeman of the world. But democracy has prevailed up to this time when it battled Islamic fundamentalism of Osama Bin Laden and the Al Qaeda.

Now two countries are in their own battle again with the Iranians enacting their own version of People Power and the Filipinos fighting with the formation of constitutional assembly, afraid of its hidden agenda of extending GMA’s manipulation of the government.

As far as relationship with the United States is concern, those are the only similarities of the two countries. Recently, Ahmadinejad has been warned about the Islamic Republic pursuit of developing better missiles with the constant increase stockpile of plutonium that can be weaponized.

U.S president Barack Obama warned the government of Iran about the how the world is watching and mourning to every lost life. Obama said that he is calling for the government of Iran to cease violent and unlawful actions to its own people. He added that a right to assembly and speak freely is a universal right that must be respected and that the U.S government is at the back of those who wants to exercise such right.

He emphasized that if the Iranian government wants the respect of the international community, then it must not govern its people by force but through consent and by respecting the dignity of its own people.

On the other hand, the Philippines has continue to be an ally of the U.S. in fighting terrorist acts. Though, there are different worsening scenarios that are being watched over with the rising of the issue of the “Constitutional Assembly.” There are other anonymous sources which says that GMA will be running in Congress come May 2010.

Another thing the Filipinos are watching for is how the very first automated election will work. Will it be the solution to the long problem of cheating in the election and will it reduce the shedding of blood during elections.

I know that all of us are wanting and praying that our situation now will not worsen as the situation in Iran. Let us not hope that what Obama has said above will not be addressed to the Philippines. As Martin Luther say, “The arc of the moral universe is long, but it bends toward justice.” I believe that. The international community believes that. And right now, we are bearing witness to the Iranian peoples’ belief in that truth, and we will continue to bear witness.” Let us not wait that the word “Iranian” in this quote from Martin Luther King, be changed with the word “FILIPINOS!”

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These are traveler who are either natural-born Filipinos who have re-acquired their Philippine citizenship under the dual citizenship act or foreigners who were recognized as Filipinos under the 1987 and 1935 constitution.

Libanan explained his directive and said, “It is not right to collect exit fees from these passengers who, even if they are holders of foreign passports, are actually Filipino entitled to all the rights and privileges of a Philippine citizen.”

Under Republic Act 9225, former natural-born Filipinos who became naturalized citizens of other countries are deemed not to have lost their Philippine citizenship. On the other hand, a foreigner is granter an order of recognition as a Philippine citizen if either his father or mother is a Filipino at the time of his birth.

The BI issues an identification certificate to a foreigner who was granted dual citizenship under RA 9225, or whose petition for recognition as a Philippine citizen was approved by the BI and affirmed by the Department of Justice.

Libanan, in his order, directed the immigration officers “not to collect exit fees from departing passengers who are holders of BI-issued identification certificates even if they are using foreign passports.

An amount of P1,200 is normally collected for departing foreign tourists who are holders of immigration and non-immigration visas.

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With the stimulus bill that was approved by the US Congress last week, a provision is included recognizing the military service of Filipino veterans and granting a tax-free lump sum of $15,000 to those who are now based in the United States, while $9,000 will be given to those who are living in the Philippines.

This provision is included in the stimulus bill which contains the $787-billion package of tax cuts and fresh spending in an attempt to salvage the broken American economy. This is said to be the biggest political victory yet of US President Barack Obama in his young administration.

According to the data from the Department of Foreign Affairs (DFA), there are an estimated 18,000-20,000 surviving Filipino veterans, 13,000 of which are based in the Philippines. During World War II, there were more than 250,000 Filipinos who fought with US soldiers against the Japanese forces.

They were promised that they would qualify for full US veterans’ benefit. However, the US Congress passed the Rescission Act of 1946 after the war, which stripped Filipino veterans of their status as US veterans, totally denying them the benefits they were promised.

It has always been an uphill battle for our war veterans who have since then as they campaigned for recognition of their status as US veterans and thus have their right to receive the corresponding benefits.

And the stimulus bill that was signed into law has won the battle for Filipino veterans and who will receive the appropriate recognition and benefits that are due to them. “Despite America’s economic challenges, the US Congress voted to correct a historic wrong and incorporate the lump-sum benefit for our veterans,” President Macapagal-Arroyo said in a recent statement.

Yes, it may be too late, but at least our war heroes finally got the respect that they deserve.

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In a livelihood project that will be started by the Overseas Workers Welfare Administration, laid off OFWs can avail of a loan up to P50,000 which they can use as capital to start their business.

According to Carmelita Dimzon, OWWA Administrator, the loan is a part of Malacañang’s Comprehensive Livelihood and Emergency Employment Program. Interest rate for the loan is 5% per annum, no collateral required, and payable in 24 months after a 90 days grace period which is interest-free.

A fund amounting to P100 million was allotted by the OWWA board of trustees for the Filipino Expatriate Livelihood Support Fund (FELSF). The fund was created as an economic safety net for displaced OFWs.

For purposes of identification and regularity, the Department of Labor and Employment (DOLE) gives the definition of an OFW displaced due to the global financial crisis as “one terminated on or after October 15, 2008 due to closures or downsizing of their companies as a result of the crisis.”

To avail of the program, displaced OFWs may file their applications with the family welfare officer at any regional welfare office of OWWA. Dimzon said one of the requirements is for the applicant-OFWs to attend business management courses. She said “attendance in the free business courses is a pre-qualifying phase,” this is necessary so that the OFW may acquire the necessary skills that can transform him into an entrepreneur who operate and sustain an income-producing project for the long term.

Other documents and loan requirements are: proof of OWWA membership, proof of displacement due to the global financial crisis, a business proposal and promissory note. For married applicants, a marital consent is also required.

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King Fahd Medical Center, a known medical institution in Saudi Arabia have tied up with more than two Philippine recruitment agencies just to be able to fill up their needs for additional medical personnel. Official of the said institution have been in country recently interviewing prospective applicants.

Together with this good news is that Saudi recently increased its inflation allowance from 5 to 10 percent of the basic salary, and this would range from $600 to $1,000. This would be on top of free housing, free transportation, and yearly vacation. Placement fee is usually a month’s worth of salary.

But in spite of such good news, there is one drawback that prevents the country from completing the required manpower. Ironically, one of the main reasons is lack of experience on the part of our nurses, although it does not mean that they do not have the required skills.

For our nurses to be qualified for Saudi hospitals, they need two years actual experience in tertiary hospitals with at least 200 beds and have worked with modern equipment. Unfortunately, we don’t have that much number of tertiary hospitals in the country to provide such experience.

Nurses who have completed volunteer work on government hospitals doing actual staff works, are issued only certifications that they worked as volunteer nurses. Unfortunately, such certification is not acceptable to Saudi employees.

The government, through the Department of Health (DOH) and Department of Labor and Employment, should make these certifications more specific and official for our nurses to be qualified for such opportunities.

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International Law according to Georg Schwarzenberger, “International law is the body of legal rules which apply between sovereign states and such other entities as have been granted international personality.”

If we are going to study the given definition of international law we could say that International law is almost the same with that of the law of a country. But sometimes the law of a country is given much more importance than that of the law of nations or international law. This is primarily because there are certain qualities that a state law possess that the law of nations does not.

Let’s try to answer the title of this article, is international law true law? The answer would be yes and no.

Yes, because if you are going to trace the sources of International law, it would be from customs, general accepted principles of law, morality, treaties and agreements. And these agreements bind the states by letting them recognize the said treaty and adhering the terms stated on it. In the Republic of the Philippines per se, its Constitution explains its belief and acceptance to the International Law.

Art. II, Sec.2

The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation and amity with all nations.

More so, the United States Constitution stipulates that any agreements signed by the Federal Government shall be treated the same with that of the U.S. Constitution itself.

On the other hand, No, because International law lacks the powerful mechanism in every law of nation, that is the judiciary. The judicial department sanctions those who disobey the law. But since International law allows the states to be in a status of “optional clause,” they are not obliged to follow the rules of the law. Therefore international law lacks enforcement.

One good example for this is when the United States invaded Iraq without the consent of the United Nations which comprises the International Court of Justice.

You decide. Is it true law or not? Whatever the answer is, the International Law serves as an arena of interaction among states. Because of International Law, meetings and dialogues are made and because of which, the states will have the chance to communicate with each other. And thus, making the world smaller and thus builds bridge among nations.

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The E visa does not lead to permanent residency; it is a non-immigrant visa classification but can likewise be extended to the spouse and minor children of the E visa holder. The spouse may also be eligible to get a work permit under this classification. The E visa is issued for an initial period of two years and can be extended by a proper showing that the trade and investment remains substantial. Suffice it to note that the visa holder is required to return once the validity period of the visa expires.

In conclusion, in order for you to qualify under this visa qualification, your investment has to be substantial, meaning a major one that you cannot afford to fail at. This requires a degree of proof to be validated, but sure beats a one million dollar investment.

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According to Ramon Bultron, APMM managing director “This system of integrating immigration database can help facilitate a better immigration processing. However, considering the flawed legal system for filing grievances in many of the GCC countries, this system can be a big threat to the job security of the migrant workers.”

Bultron cited the experience of an Overseas Filipino Worker (OFW) who was deported back to Manila immediately upon arriving in Qatar. “ The OFW was supposed to resume to his work after his vacation but was told by the immigration officer that his name was among those who were blacklisted in the GCC countries. There is no further information or reason for deportation was mentioned.”

He added that complaints against a worker or unresolved police case in one of the GCC country could be a basis for blacklisting a migrant worker in any of the GCC countries. “Commonly in the Gulf countries, migrant workers who have filed grievances against their employers or sponsors or have run away because of abuses, face criminal charges are usually fabricated and manipulated. Thus, this blacklisting will remain a threat to the migrant workers unless the legal systems in the GCC countries will improve. It will continue to criminalize migrant workers without subjecting them to fair trial and due process.”

He believed that there was no prior notice to the public about the policy and governments of sending countries like the Philippines were probably ignorant of such system. Bultron said that APMM would continue to monitor and study the effects of the GCC immigration system, especially among migrant workers.

Related Video:

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The Philippine government will not lift the ban on Filipinos going to Iraq. Malacañang said on Wednesday that it will not lift the order barring Filipinos from going and working in Iraq. This, despite the request of the Iraq’s envoy to the Philippine government to lift the said order.

Late last month, Falih Al-Assadi, charge d’affaires of the Iraqi embassy here has asked the government to lift the ban because they will be needing up to 10 million workers. The Iraqi government is keen on reconstructing its country in 2009, that is why it needs all the help from its neighboring countries, the Philippines included.

Unfortunately, despite the opportunity, Malacañang would like to be sure by not lifting the ban. Executive Secretary Eduardo Ermita said that while the government understands the concern of the Filipino workers, their families and also the recruitment groups, the risk is not worth the problems and concerns that the government and the workers’ family will have if a Filipino is held hostage in Iraq.

Ermita said that the government’s decision was brought about by the United States forces continued stay in Iraq until 2011 because of the concerns that “the present legitimate government will continue to be festered with problems of insurgency.”

If the American believes that they still need to stay there, it could only mean that it is not yet safe there, Ermita added. Although he assured that DFA is constantly abreast with the situation there to determine when the ban can be lifted. DFA is regularly getting feedbacks from the Philippine embassy and consul offices in Iraq, as well as with the neighboring countries.

The government still remembers the kidnapping of Filipino driver Angelo dela Cruz back in 2004 and does not want it to happen again. Labor Secretary Mariano Roque expressed his opposition against lifting the ban in Iraq for the same reason. Vice President Noli de Castro is also not keen on sending Filipino to work in Iraq.

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Upon a report by GMANews.TV quoting Gabriela Representative Liza Maza criticizing the government’s implementation of the anti-trafficking law, Justice Undersecretary Ricardo R. Blancaflor issued a response by saying that such criticism is unfair, inaccurate and irresponsible. Noting that 400,000 migrants are being trafficked internally and another 800,000 externally or outside the country, Congresswoman Maza said that the government should take steps and pay more attention to the increasing number of victims of human trafficking, particularly women, and especially in Singapore. Undersecretary Blancaflor responded by saying that the government has not been remiss in its efforts to stop human trafficking, which continues to target women and children as victims. He further said that there were already 11 convictions and three more cases submitted for decision. It should be noted that Undersecretary Blancaflor is the acting chairman of the Inter-Agency Council Against Trafficking (IACAT), which is the body created by law to coordinate and monitor the implementation of the Anti=Trafficking in Persons Act.

Undersecretary Blancaflor’s main contention is that Section 7 of RA 9208, which is the subject law at hand, acts as a bar for full disclosure of facts. Under this provision, the rights of the victim and the accused to privacy are recognized, and any violation thereof, such as divulging any relevant information or details to the media, is punishable with imprisonment and fines. He realizes that by adhering to this specific provision, some lawmakers like Congresswoman Maza may have interpreted it as inaction on the part of the government. He suggested that instead of babbling and criticizing, Congresswoman Maza should take steps to amend the law, and more importantly, help fund the law. The IACAT has not received any funding since its creation in 2003.

The Philippines has a presidential, unitary form of government, and the power to enact and amend laws, as well as the power to appropriate, lies within its legislative body, the Congress, to which Congresswoman Maza belongs.

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L1A visa, a special visa for Filipinos who have been working in a Philippine company for more than a year who needs to be sent temporarily to the US, with positions and qualifications stated above. Available too to Filipinos who have been employed by multinational companies who want to operate a new business in the US, or to transfer their employee to their business in the US that is properly related to the company here in the Philippines.

Like I said, this opportunity is not for everybody as not all employees could be sent to work in the US on an L1 visa. A basic qualification is that the person should be in a managerial or executive position. Being given the manager as a title does not qualify one if his job duties is only supervisorial. His job description should be that of management of a critical department or function of an enterprise to qualify for an L1 visa.

Other requirements for the L1A visa are:
1) Proof of existence of the company or organization in the Philippines with qualifying organization in the US;
2) Documents to show that the person who will be transferred will be employed by the qualifying organization in the US;
3) Proof that in his position in his transfer, the employee will function in his official capacity as a manager, an executive or an employee with specialized knowledge.

Qualifying relationship between the two companies, the Philippine-based and the US-based companies, must be proven. Qualifying relationship only means that one is a parent, subsidiary, affiliate, a branch office of the other, or they are involved in a joint venture, to establish the relationship.

This L1A, I need to mention, is petition-based. The US employer should file the petition and to be approved by the USCIS. The Form I-128 will be filed, with the “L” supplement, and are filed and adjudicated at a USCIS Service Center. When it is approved, the employee may obtain his L1 from the US consulate abroad, or file for a change of status if he is already in the US at the time of filing. His status will be valid for the entire period of the petitions’ validity. It could be granted up to three years, with a possible two-year extension for all L employees, plus another two-year after that for managers and executives. For individuals who will be working for start-up companies, the initial validity period usually granted is one year.

The US Citizenship and Immigration Service are closely monitoring these types of visa applications, scrutinizing every details and documents before adjudicating them in the favor of the applicant. That is why all eligibility requirements must be met by all applicants who want to avail of this opportunity.

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