Page 2September 23-29, 2011 Asian Journal - (619) 474-0588 Visit our website at http://www.asianjournalusa.com
(Continued on page 9)
Gazmin said the conviction
was forwarded to the Ofce of the President for conrmation but “it was never conrmed
AFP-Judge Advocate GeneralBrig. Gen Gilberto Roa said Garciawill now have to serve the full two-year term of his sentence because of the failure of the previous adminis-tration to act on his case. Roa saidGarcia will also be subjected to hard
labor while conned at NBP.
The President, Roa said, hasthe power to “mitigate” Garcia’ssentence or to “remit” it or creditthe time he served under preventivesuspension during court martial pro-ceedings, but the previous presidentdid not exercise such power.Roa said that the two-year sen-tence imposed on Garcia does notcover his cases pending other courtslike the Sandiganbayan. Garcia isout on bail after the Ombudsmanallowed a plea agreement for lesser offense of direct bribery and graft.“There is an order for GeneralGarcia to be arrested and detainedin violations of Articles of War
afrmed by the court martial andconrmed by the commander in
chief,” said Gazmin. Garcia did notresist arrest.Garcia, a member of the PhilippineMilitary Academy (PMA) Class of 1971, was initially taken into custo-dy by the Intelligence Service of theAFP (Isafp) in Camp Aguinaldo butwas later transferred to the NationalBilibid Prisons in Muntinlupa City.AFP Chief of Staff Gen. EduardoOban Jr. said that he sent Col. Her- bert Yambing, AFP-Provost Marshal
General, and ofcials from the AFP-Judge Advocate General’s Ofce
(Jago) to effect the arrest of Garciaat his residence in Quezon City.
“Following the conrmation of our
commander in chief pertaining tothe sentence, the court sentence of retired Major General Carlos Garciaon violation of Articles of War 96and 97…we effected theimplementation of the order thismorning. At 8:30 a.m., they wereable to arrest General Garcia,” saidOban.Oban said the President Aquinoapproved the sentence on Sept. 9.Garcia was charged with Articlesof War 96 or conduct unbecoming an
ofcer and gentleman, and AW 97
or conduct prejudicial to good order and military discipline, for falsify-ing his statement of assets, liabilityand network (SALN) in 2002 And2003and for possessing a US greencard while in the active militaryservice.
Roa claried that Garcia’s deten-
tion in Camp Crame, prior to posting bail, was in connection with his pending cases before the Sandigan- bayan.
In a press brieng, Presidential
spokesman Edwin Lacierda alsoclaimed the failure of the previousadministration to immediately con-clude the court martial proceedingsagainst Garcia and the government’sfailure to immediately send him to jail had the imprimatur of Arroyo being the commander-in-chief of theAFP.Lacierda said Garcia could havenot dodged imprisonment withoutArroyo’s blessing as promised thatthere will be no VIP treatment to begiven to Garcia.Garcia was arrested in his resi-dence in Quezon City on Fridaymorning by AFP Provost Marshall personnel after he was found guiltyof violating Articles of War 96, or
conduct unbecoming an ofcer and
a gentleman; and Articles of War 97,or conduct prejudicial to good order and military discipline.Garcia was sentenced with twoyears in prison with hard labor anddischarged from service.According to Lacierda, the prisonterm meted against Garcia was aresult of a court martial proceedingon the basis of alleged misrepresen-tation of the value of his assets in2002 and 2003, and for possessionof US permanent resident statuswhile still in the active service and isa separate from his graft and corrup-tion case.
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Law Ofces of Chua Tinsay & Vega
by Atty. Dennis Chua
Read Atty. Dennis Chua’s previous articles by visiting our website at www.asianjournalusa.com
Garcia back inprison basedon 2005 ruling
(Continued from page 1)
Letters to the Editor
Read previous articles by visiting our website at www.asian- journalusa.com
Name: Lirio VitalEmail: firstname.lastname@example.orgMenu: Editorials - BALIK-TANAW by Dr. Romy V. Protacio, PhDHeading:
Lirio Vital: Mga Gintong Ala-ala Kahapon, Ngayon
Romy, I would like to thank you from the bottom of my heart for this beautiful article you have written about me. I am so blessed by it. God blessyou my friend..
Name: Runo "Pie" Roque
Menu: Editorials - THE METAMORPHOSIS by Ernie Deln
To Live, To Learn, To Love, And To Leave A Legacy: A Pre-
scription For A Joyful And Fullling Life
Inspiring 4Ls and your own life story Ernie. Keep up with your club,sentrepreneurship vision for the Filipino youth... Mabuhay.../Pie Name: Porferio Digal AyosEmail: email@example.comMenu: News & Features - Travel & TourismHeading:
Divine Mercy Hills Shrine in El Salvador, Mindanao is Holy
Ground claims prayer group
SEP 16 • The magnicence of its structural beauty is a miracle by itself.
Hope my wish for a pilgrimage to this place in the near future becomes areality.Menu: Editorials - BALIK-TANAW: Where Are They Now? The FilipinoStars of YesteryearsHeading:
Vilma Valera: The singer-actress na “Tisay”
Ed Minoza • firstname.lastname@example.orgSEP 06 • Thanks for the write up. I’ve been longing to know how Vilma
is doing now..I still have her ONE DAY song in my MP3 list..So glad she is
doing ne..She does not know me but it is not important...Glad she lives afullling life..deln espiritu • email@example.comAUG 09 • While surng the internet I came across this write-up on Ms.
Vilma Valera. I am one of her admirer/friend but we lost contact already.I’ve been to Sacramento and I’m planning to go back again to Californiathis October. How I wish I could see and meet her again. Pls. give me her contact number or email address. Thank you very much.Menu: News & Features - Phil-Am Law 101Heading:
Can Filipino Wife Use Her Maiden Name In Her Passport?
Jeruel • firstname.lastname@example.orgSEP 05 • This is rather unfortunate. No wonder women feel discriminated
at times. If her husband abused her and she separates, why is she made tocarry around the name of somebody who abused her?Menu: Editorials - Light & ShadowsHeading:
Legacy of Leadership: Ronald W. Reagan’s Presidential Li-
brary and Museum
Edgardo C. Babao • email@example.comSEP 02 • I have two opinions regarding this article about the Reagan
legacy. First and foremost, I’ve always admired President Reagan for hisoutstanding stand on foreign policy. He will always go down in history asone of my favorite presidents. Second, I applaud my dear friend Zena for taking part in this dialogue about our country’s participation in maintainingthe values freedom around the world. Thank you Zena very much.
By: Dennis E. Chua, Esq.
John-John and Jen-Jen were mar-ried on February 14, 2005. After their wedding, they planned a tripto Lake Tahoe for their honeymoon.On their way to Lake Tahoe, thecouple had an accident. John-Johnwas fatally injured and eventuallydied from his injuries. Jen-Jen was aFilipino citizen whose visitor’s visahas already expired. It was their
plan that John-John le an immi-
grant petition for Jen-Jen to allowher to adjust her status to that of a permanent resident. However, sincethey were not married for two yearswhen John-John died, Jen-Jen could
not le a self-petition as a widow.
This is because the law in force atthat time requires that a widow bemarried for at least two years with
the US citizen before she can le her
self-petition.This cruel law was eliminated byCongress when President Obamasigned into law a bill which endedthe so-called widow penalty onOctober 28, 2009. This law nowremoves the two-year marriage re-quirement from the current law andnow allows these widows to self- petition. They would still however need to show that the marriage wasentered into in good faith and a bona
de one. Unmarried children below
21 years old of the widow(er) may be included in the self-petition that
is led for the widow(er).
However, the self-petition must be
led within two (2) years from the
death of the US citizen petitioner.For those widows whose husbandshave died prior to the enactment of the law, they may still avail of the
new law so long as they le their
self-petitions before the deadline set by the law which is two years fromthe enactment of the law.Many are still unaware of the pas-sage of this law and the deadline for them to avail of this law. Widowswho were then subject to the widow
penalty must le their self-petitions
no later than October 28, 2011 inorder for them to be able to avail of the provisions of this new law andeventually adjust their status to thatof legal permanent residents of theUnited States.
Atty. Dennis E. Chua is a partner in The Law Firm of Chua Tinsay and
Vega (CTV) - a full service law rmwith ofces in San Francisco, San
Diego and Manila. The information presented in this article is for gen-eral information only and is not, nor intended to be, formal legal advicenor the formation of an attorney-cli-ent relationship. The CTV attorneyswill be holding regular free legal clinics at the Max’s Restaurant inVallejo, California. Call or e-mail CTV for an in-person or phone con- sultation to discuss your particular situation and/or how their servicesmay be retained at (415) 495-8088;
(619) 955-6277; Dchua@ctvattys.
Deadline For Widows To FileSelf Immigrant Petitions