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DACA ENDS NEXT WEEK?

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BENEFICIARIES STILL ASKED TO RENEW DACA!

 

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks) 

 

CHICAGO (JGL) — The Deferred Action for Childhood Arrivals (DACA) program may come to an end next week, according to Mony Ruiz-Velasco,

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By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

 

 CHICAGO (JGL) –- A Filipino American family of five, including a father and his four daughters, perished Friday (July 6) when a Ford F-350 pick-up truck

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By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

CHICAGO (JGL) – Illinois Gov. Bruce Rauner hailed the Filipino World War II veterans as the "greatest heroes in the Filipino community" as they “served bravely and honorably to

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HEATED DEBATE RAGES ON SOCIAL MEDIA

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

 

CHICAGO (JGL) — Former Sen. Jose “Jinggoy” P. Estrada did not graduate from law school but he showed that he could hold a candle to a lawyer when he refused to

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GROUP DISCUSSES EVENTS IN HOMELAND

 

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

 

CHICAGO (JGL) – A human rights group that brought human rights crusaders from the Philippines to Chicago, including Sen. Antonio “Sonny” Trillanes, IV, Fathers Albert “Paring

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By GEORGE REYES

A HISTORIC AGREEMENT on agricultural cooperation between the Philippines and South Korea was reached on the eve of another memorable occasion marking 70 years of friendship between the two countries.

Agriculture Secretary MANNY PIÑOL and Acting Minister Kim Hyeon-soo of the Ministry of Agriculture, Food and Rural Affairs (MAFRA) of South Korea today (Monday) signed the Memorandum of Understanding on Agricultural Cooperation which took a long time for discussion and negotiations.

The first Comprehensive Agreement on Agricultural Cooperation, which will now serve as the “Mother Document” of all succeeding cooperation agreements, was reached as the Philippines and South Korea mark the 70th year of friendship next year.

Official ties between Manila and Seoul began on March 3, 1949 when the Philippines became the fifth country to extend diplomatic recognition to South Korea, six months after its inauguration on August 15, 1948.

BOND TESTED DURING KOREAN WAR

This bond was cemented a year later at the outbreak of the Korean War, when the Philippines deployed more than 7,000 soldiers to join an international coalition to help South Korea defend itself from the invasion of the communist North.

Sec. Piñol said the MOU is one of the major agreements before today’s Bilateral Meeting between President Duterte and President Moon Jae-In.

In spite of existing cooperation projects implemented by the Korean International Cooperation Agency (KOICA), Sec. Piñol noted that both sides overlooked the fact that there was no Mother Document that set the parameters of the cooperation.

ONE YEAR IN THE MAKING

Last year,  Sec. Piñol travelled to South Korea to present to then MAFRA Minister Kim Jae-Soo the draft MOU for their consideration. But the change in government, however, delayed the progress.

With the signing of  MOU on Agricultural Cooperation, various activities are now being lined up, including technology transfer on mechanization and irrigation, the Agriculture secretary said.

Philippine Ambassador to South Korea Raul Hernandez and DA Agriculture Attache Maria Alelia Maghirang and several Philippine and South Korean officials witnessed the signing of the agreement. (PM)

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CAN DUTERTE'S ALLIANCE WITH CHINA, RUSSIA END EDCA?

 

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

                            “Our problem is: however, the (Philippine) Supreme
                      Court decides, it becomes our loss. 
“Kapag ang tao
                      ang nagkamali, makukulong siya, parurusahan
                      siya. (If a Filipino commits a 
mistake, he goes
                     to jail. He is penalized. Pero kung ang
                     Supreme Court ang nagkamali, nagiging
                     batas ito.  (But if the Philippine Supreme
                     Court makes a mistake, its mistake
                      becomes 
a law.)

                                              -- Virgie Lacsa Suarez, private prosecutor
                                                         of U.S. Marine Pemberton

 

CHICAGO (JGL) – A Filipina lawyer who prosecuted a U.S. Marine who strangled and killed a Filipino transgender four years ago in the Philippines said the Visiting Forces

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"I support her, of course, because we are precisely of the same orientation."

By JOSEPH G. LARIOSA

(Exclusive)
(© 2018 Journal GlobaLinks)

CHICAGO (JGL) – Like father, like daughter.

Philippine National Commission for Culture and the Arts Chair Virgilio “Alma Rio” S. Almario told the philamessenger.com in an exclusive video interview Friday (June 15) in

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The Consulate General of the Philippines in Chicago, in partnership with the Newberry Library, warmly invites the Filipino American community and the general public to attend a

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By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

 

CHICAGO (JGL) – Filipino American lawyer Loida Nicolas Lewis, national chair of U.S. Pinoys for Good Governance (USP4GG), described as “blindness and dumbness” the

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WASHINGTON, D.C. –Wherever they may be, Filipinos are the bearers of our nation’s beliefs, values, customs and traditions that make our culture unique. But physical distance and the

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FAMILY BONDING WOULD HAVE ALLOWED JINGGOY TO TRAVEL

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

CHICAGO (JGL) – Bailed-out former Senator Jose “Jinggoy” P. Estrada believes that he and fellow Senators Juan Ponce Enrile and Ramon Bong Revilla, Jr. are victims of

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FIL AM JUDGE HAS UNTIL MAY 21ST TO FILE HER POST-TRIAL MOTIONS

 

By JOSEPH G. LARIOSA
(© 2018 Journal GlobaLinks)

CHICAGO (JGL) – The Illinois Supreme Court had suspended Filipino American Cook County Circuit Judge Jessica Arong O'Brien on Thursday (April 26th) from practicing “law effective immediately and until further order of the Court, and this matter is hereby referred to the Judicial Inquiry Board."

 jessica3

JUDGE JESSICA ARONG O'BRIEN

The decision came down after the Illinois Attorney Registration & Disciplinary (ARDC), an administrative body created by the Illinois Supreme Court to regulate the practice of the law profession, sought her suspension from the practice of law and her removal from the bench of the Cook County Circuit Court.

The ARDC's “Petition for interim suspension pursuant to Supreme Court rule 774(a)(1)” and to “enjoin her from continuing to hold the office of the judge” filed by ARDC Administrator Jerome Larkin on Feb. 23, 2018 was filed after a jury returned a verdict last Feb. 15, 2018 finding Ms. O'Brien guilty of mail fraud and bank fraud involving $1.4-M mortgage scheme.

A copy of the Illinois Supreme Court decision provided by James J. Grogan, Deputy Administrator and Chief Counsel of ARDC, to this reporter showed that six of the seven members of the Illinois Supreme Court, including Chief Justice Lloyd A. Karmeier, took part in the deliberation and entered the following judgment: “The rule to show cause issued to respondent Jessica Arong O'Brien pursuant to Supreme Court Rule 774 on Feb. 27, 2018, is enforced in part. Respondent is suspended from the practice of law effective immediately and until further order of the Court, and this matter is hereby referred to the Judicial Inquiry Board.”

Justice Thomas Kilbride took no part on the decision.

REFLECTED ADVERSELY UPON HER FITNESS

In his petition, Mr. Larkin asked the Supreme Court to suspend the practice of law and removal of Ms. O'Brien from the bench after being found guilty of mail fraud and bank fraud following a
jury trial before Judge Thomas M. Durkin of the Northern District Court of Illinois in Chicago last Feb. 15.

In his petition, Mr. Larkin said that when Ms. O'Brien, 50, a native Cebu City in the Philippines, was found guilty of mail fraud and bank fraud by the jury, it reflected “adversely upon her fitness to practice law and constitute as a persuasive evidence that she was, in fact, guilty of that conduct.”

Larkin cited the court records among others that Ms. O'Brien “falsely claimed that her monthly income from Illinois Department of Revenue was $6,800. [A]lthough she did not disclose all of her liabilities, including a $260,000 mortgage obligation, she affirmed that the information she submitted to the lender was truthful and accurate, although she knew that it was not.”

In seeking her suspension from the practice of law, Larkin said Ms. O'Brien has been formally charged and found guilty of the federal offenses of mail fraud and bank fraud, crimes which involve moral turpitude and reflect adversely upon her fitness to practice law.

ANYTHING CALCULATED TO DECEIVE

This Court had defined fraud as “anything calculated to deceive.” “Moral turpitude” is anything which an attorney does knowingly and which is contrary to justice, honesty and good morals.”

In her defense, the lawyers for Ms. O'Brien said Mr. Larkin's petition to suspend her is unnecessary, saying the Illinois Constitution already prohibits Ms. O'Brien from the practice of law when she became a judge. “As a result, the relief the Administrator requests under Rule 774(a)(1) would have no effect.”
Her lawyers lead by Thomas P. McGarry of Hinshaw & Culbertson, LLP, also argued that the Illinois Supreme Court “lacks the power to enjoin a sitting judge from office. While this Court has authority to discipline an attorney from the practice of law, Art. VI, Sec. 15 of the Illinois Constitution vests
the sole authority for investigation and discipline of a judge with the Judicial Inquiry Board and the Illinois Courts Commission. (IL Const. 1970, Art. VI, Sec. 15.)

“By accepting the Administrator’s argument, this Court would be claiming shared power to
discipline a judge with the Courts Commission — a power the 1970 Constitutional Convention explicitly declined to give to this Court.”

SHOULD BE AFFORDED PROCESS RIGHTS

In seeking to stop her removal from the bench, Ms. O'Brien's lawyers told the Illinois Supreme Court that she should “be afforded the opportunity to exhaust her process rights. Though, she has been found guilty by a jury, she has not been convicted of the crimes with which she has been charged. The federal court proceedings have not yet concluded. Ms. O'Brien still has the opportunity to be acquitted.

This Court should not make a ruling related to Respondent’s law license or her ability to hold the office prior to the District Court’s final determination.”

Her lawyers claimed that Ms. O'Brien “does not contest that she has been formally charged with the
commission of moral turpitude or that under the Rule, the Administrator has submitted evidence supporting the criminal charges via the jury’s verdict. This Court should deny the Administrator’s
request. However, because the Administrator cannot establish that the criminal charges against Ms. O'Brien reflect adversely upon her fitness to practice law. As a judge, the Illinois Constitution already prohibits her from practicing law.”

They cited “Art. VI, Sec. 13 of the Illinois Constitution [which] establishes prohibited activities for Illinois Judges. It states as follows: “Judges and Associate Judges shall devote full time to judicial
duties. They shall not practice law, hold a position to profit, hold office under the U.S. or this State or unit of local government or school district or in a political party.

“Service in the State militia or armed forces of the US for periods of time permitted by rule of the Supreme Court shall not disqualify a person from serving as a Judge or Associate Judge.”

COURTS COMMISSION, NOT SUPREME COURT

The lawyers added, “The Constitution provides the process for disciplining judges in Art. IV, Sec. 15. IL Const. 1970, Art. VI, Sec. 15 [which] creates the Judicial Inquiry Board and the Courts Commission.

“The Board is given the power to investigate conduct of Judges and Associate Judges and the power to file complaints against Judges and Associate Judges with the Courts Commission.”

It was added the Constitution provides that, “[t]he Commission shall be convened permanently to hear complaints filed by the Judicial Inquiry Board” and it shall have the authority “to remove from office, suspend without pay, censure or reprimand a Judge or Associate Judge for willful misconduct in office, persistent failure to perform his or her duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial offic into disrepute.” IL Cons. 1970, art VI, Sec. 15(e) (emphasis added).

Her lawyers also argued “This Court lacks the authority to enjoin Ms. O'Brien from judicial office without letting her exhaust her fundamental due process rights. Notwithstanding the jury’s verdict, Ms. O'Brien maintains her innocence. She is on a briefing schedule to file motions that, if granted, wound exonerate her of the alleged crimes.

POST-TRIAL MOTIONS MAY 14, 2018

The federal District Court has entered a briefing schedule giving Ms. O'Brien until May 14, 2018 to file post-trial motions. Ms. O'Brien intends to file a Motion for Judgment of Acquittal pursuant to FRCP 29(a) by that date.

Last April 25, O'Brien's unopposed motion to extend her time to file post-trial motions was moved from May 14 to May 21. The government response is due by June 4 and her reply due by June 18.
Her lawyers argued that Ms. O'Brien is still innocent pending her sentence scheduled on July 6, 2018. They cited a previous holding of the U.S. Supreme Court (Berman v. United States, 302 U.S. 211, 212 (1937) that says, “[f]inal judgment in a criminal case means sentence. The sentence is the judgment.”

“This Court should allow Respondent to exhaust her due process rights before making any determinations related to her law license or judicial office.”

Under Art. IV, Sec. 15, of the Illinois Constitution in 1970, Section 15 creates the Judicial Inquiry Board and the Courts Commission. The Board is given the power to investigate conduct of Judges and Associate Judges and the power to file complaints against Judges and Associate Judges with the
Courts commission.

The Constitution provides that, “[t]he Commission shall be convened permanently to hear complaints filed by the Judicial Inquiry Board” and it shall have the authority “to remove from office, suspend without pay, censure or reprimand a Judge or Associate Judge for willful misconduct in office, persistent failure to perform his or her duties, or other conduct that is prejudicial to the administration of justice or that brings the judicial office into disrepute.” (Contact reporter: jglariosa@philamessenger.com)

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