Page 2March 16-22, 2012 Asian Journal - (619) 474-0588 Visit our website at http://www.asianjournalusa.com
day, the younger Gokongwei
said that during his father’s
generation, his aunts (married
to his dad’s brothers) and hismother were involved in the
business, but the elder Gokon-
gwei soon discovered that this
was not always ideal.
“There were situations where someof the marriages did not work. Loy-
alties change. Sometimes relation-
ships between the different in-lawsfrom the second generation becomestrained. Feelings get hurt. It is
tricky deciding which in-law is more
deserving, which is smarter, which
would do a better job,” he said.
And so for the second generation,led by Lance, the rule of no in-lawswas instituted – with some excep-
tions.The second commandment is no
moonlighting. Lance said the familyrule is that if one is working for JGSummit, one can only own passive
assets that do not require their atten-tion such as property, shares, bondsand the like.
“If you work for the company, youmust be either fully in the busi-
ness or completely out. In running
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(Continued from page 1)
By Aurora Vega - Buzon
Norman, is a 19 y/o high schoolsenior and a legal permanent resi-
dent for 4 years. One evening, heand his friends decided to go on a“dare,” and his friends dared him togo inside a Target store and “pick up” a video game and a packet of
gum. He was charged with, and pled
guilty to, theft. He was convicted
and granted three years probationwith no jail time.
Mitchell, a permanent resident for 6 years, is a freshman in collegeand has decided to join a fraternity.During pledge-week, one of histasks was to wash the cars of thesenior frat brothers, and deliver each car to their respective owners.While driving one of the cars, heinadvertently ran a red light and was pulled over for a trafc stop. The
cop had a police dog with him, and
the police dog was alerted for thescent of marijuana. Upon friskinghim, the police found a small plasticof marijuana in his front pocket.Further investigation showed thatMitchell had a prior conviction threeyears ago for possession of stolen property (a wallet), for which he got
sentenced to 10 days and three years probation. This time, he was onlycharged with and pled guilty to pos-
session of marijuana.
Both Norman and Mitchell, beingstill permanent residents and not yetUnited States citizens, are subject to
removal (deportation) for their saidconvictions. However, they may beeligible for discretionary relief.
Under the Immigration and Nationality Act (INA) § 212(a),
“any alien convicted of acts whichconstitute the essential elements of acrime involving moral turpitude . . .
[is inadmissible].” Likewise, under
§ 237(a), “any alien who at any timeafter admission is convicted of twoor more crimes involving moralturpitude, not arising out of a singlescheme of a criminal misconduct,regardless of whether connedtherefor and regardless of whether the convictions were in a single trial,
is deportable.”Once an alien in proceedings is
found to be removable or inadmis-sible, s/he, if eligible, may requestone or more types of discretionaryrelief. The alien has the burden of proving that s/he is eligible for relief
under the law, and usually that s/he
deserves such relief as an exercise of
Waiver of Inadmissibility. Section212(h) of the INA provides that the
Attorney General may, in his discre-
tion, waive the application of sub-
paragraph 212(a)(2)(A)(I) (crimes
involving moral turpitude), 212(a)(2)(B) (multiple criminal convic-tions), 212(a)(2)(D) (prostitution andcommercial vice), 212(a)(2)(E) (cer-tain aliens who have asserted immu-nity from prosecution), and 212(a)(2)(A)(i)(II) (an offense of simple possession of 30 grams or less of marijuana). The 212(h) waiver provides that certain grounds of inadmissibility may be waived in thecase of an alien who demonstratesthat: 1) the activities for which he
is inadmissible occurred more than
fteen years before the date of thealien’s application for a visa, admis-sion, or adjustment of statues; 2) the
admission would not be contrary
to the national welfare, safety, or security of the U.S.; and 3) the alien
has been rehabilitated. INA 212(h)
(1)(B) provides that certain groundsof inadmissibility under section212(a)(2)(A)(i)(I)-(II), (B), (D)-(E)of the Act may be waived in the caseof an alien who demonstrates thathis removal from the United Stateswould result in extreme hardship tohis United States citizen or lawful
resident parent, spouse or child.
Cancellation of Removal. INA§240A relief of cancellation of removal is available to qualify-ing lawful permanent residents andnon-permanent residents. For lawful permanent residents, cancellation of removal may be granted if the alien(i) has been a lawful permanentresident for at least 5 years; (ii) has
continuously resided in the United
States for at least 7 years after hav-ing been lawfully admitted (how-ever, the commission or convictionof an offense stops the clock andtolls the alien’s residence period);and (iii) has not been convicted of an “aggravated felony”. Cancella-tion of removal for non-permanentresidents may be granted if the alien:
(i) has been continuously present
for at least 10 years; (ii) has been a person of “good moral character”during that time; (iii) has not beenconvicted of an offense that wouldmake him or her removable; and (iv)demonstrates that removal wouldresult in exceptional and “extremely
unusual hardship” to his or her im-
mediate family members (limited tothe alien’s spouse, parent, or child)
who are either U.S. citizens or law-
ful permanent residents.
Norman and Mitchell need toconsult with an immigration attorney
to nd out whether they may beentitled to discretionary relief fromremoval.
Atty. Aurora Vega-Buzon is a partner in Chua Tinsay & Vega, A Professional Legal Corporation
(CTV) - a full service law ﬁrm withofﬁces in San Francisco, San Diego
and Philippines. 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. Call or e-mail CTV for an in-person or phone consulta-tion to discuss your particular situ-ation and/or how their services maybe retained at (415) 495-8088; (619)955-6277; firstname.lastname@example.org
Discretionary Relief fromRemoval
the business, you must be activelyinvolved, with full-time commitmentand focus,” he explained. No conict of interest is the thirdcommandment. As a family mem-
ber, one cannot set up a business
involved in supplying or transactingwith the JG Group of Companies.“Around 20 years ago, my familylearned this lesson. In one of thefamily manufacturing companies weacquired, one sibling was involved
in an outside business supplying the
company. Another was involved ina business that sold the nal productfor commission, and another wasinvolved in a business that sold the
scrap. As each party was concernedwith his own interests, nobody was
thinking of the interest of the family
business,” Lance said.
The fourth commandment is “nowork, no pay from the company.”“The family member must work to receive a salary. There should beno fake pay. You must have a real,full-time position in the company. Inmy family, we do not receive allow-ances after graduating from college.If as a parent you want to give your child money from your own salaryor dividends, that’s your prerogative.But the family is not going to payfor this,” he pointed out.Fifth is that personal assets should be kept separate from company as-
Lance said that personal expensesshould be paid from one’s own pocket – including personal trav-els via the family-controlled CebuPacic and personal hotel stay at thefamily-owned RLC hotels, and even
shopping at the Robinsons retailstores.
Sixth is pay must be based on
contribution to the business. He said
that in order for the family member to live and think independently, thefamily business must pay the rightsalary for the right job, but the pay
must be adequate enough so that the
family member will not be depen-dent on the parents for support.“The amount you will receive is
based on merit and not who you are
in the family totem pole,” Lance
The seventh commandment of theGokongwei group is that being fam-ily is no guarantee of employment.“There comes a time when thereis not enough jobs for everyone inthe family. Oftentimes, professionalsmay even be better in running the
day to day operations,” he said.
Eighth is avoiding working direct-ly under one’s parents, specically atthe start of a career.“When I rst started, I did notreport to my father. I worked for myuncle and another manager. If you
are too close to the person, you usu-
ally won’t get good feedback. The
parent might spoil the child or hemay be too harsh. There is also dan-
ger of bringing issues and arguments
home,” he noted.
Ninth is “give the next genera-tion wings.” Also part of this rule is“have a xed retirement age” for the
“I have seen many families where
the patriarch passed on the respon-
sibilities to the next generation suc-cessfully and some passed it on too
late,” Lance cited.The tenth and the most important
rule is that “there can only be one boss.” He explained that this rule isrelated to succession. The role of thefamily and owners is to prepare a
board to appoint a successor.
“You must establish a process to
appoint the leaders. My dad and his brothers established a clear process
on who can decide who the next
leaders will be. They created an out-side board whose role is to appoint
and re the CEO. This is critical so
that a business can smoothly pass on
from generation to generation, andachieve longevity,” Lance stressed.