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Search for ex-DH expanded after she missed court hearing

Posted on 06 December 2023 No comments

 

Vargas took a photo of her passport awhile back, after she overstayed her visa 

(Update) The search for a missing former domestic helper expanded today after she failed to show up for a scheduled hearing at Eastern Court where she is charged with overstaying.

Principal Magistrate Ivy Chui issued an arrest warrant for Kris Hope Vargas, 32 years old, thus harnessing the police in the search, after her own duty lawyer said she did not attend their meeting before the hearing.

Consulate officials said they have been in touch with Vargas' family, and will also be contacting the police for help in finding Vargas, who was last seen wandering near K11 Musea in Tsim Sha Tsui, holding a mobile phone and looking dazed and dishevelled.

Vargas’ family said they were shown the photo on Nov. 27, but it has since been taken down by the netizen who posted it along with an appeal for help, saying she she was concerned about the Filipina's mental well-being.

DETALYE

Her family contacted the Overseas Workers Welfare Administration in the Philippines to seek help for her immediate repatriation but were told yesterday that they were still trying to get more information. The recruitment agency that placed her in Hong Kong said it had lost touch with her in 2019.

Vargas' latest photo showed her looking lost and dishevelled
Vargas was previously jailed for six months for money laundering and had been in and out of court since two years ago as she faced another charge of overstaying her visa.

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The charge said she should have remained in Hong Kong only until Mar 10, 2020, after her FDH visa was terminated.

She was arrested outside Chung King Mansions in Tsim Sha Tsui on Nov. 10, 2020 and charged with money laundering and overstaying. She was jailed on June 7, 2021 on the laundering charge but the prosecution asked for more time to look into her alleged breach of condition of stay.

Subsequently, she filed a non-refoulement claim, or against being sent back home, which allowed her to be freed on bail while her immigration case was being heard, along with the overstaying charge.

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But through several months of hearing at Eastern Court, Vargas jumped bail at least twice, prompting the magistrate to forfeit her bail, and order her arrest. This happened in November 2021 and again on Apr 26, 2022.

Anybody with information about her whereabouts and how she can be helped may contact the OWWA hotline, 6345 9324.

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DH jailed, ordered to redeem jewelry she stole

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The unusual penalty was imposed at Eastern Court

A Filipina domestic helper was today jailed for four months for stealing 11 pieces of jewelry, and then made to pay $17,650 by Jan. 31 to retrieve them from three pawnshops.

Geneva Tayong, 30 years old, had earlier pleaded guilty at Eastern Court to the theft of seven bangles and four pendants on several days last September.

Tayong was charged after her employer, Ng Suet-hung, found receipts issued by three pawnshops in Central for jewelry that were missing from her flat in Rhine Court, Bonham Road, Mid-Levels.

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Tayong, who had been working for her employer since December 2019, was initially sentenced by Principal Magistrate Ivy Chui to six months’ imprisonment for violation of the Theft Ordinance. Because of her guilty plea, Magistrate Chui reduced that sentence by a third.

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The issue of repayment arose after her lawyer said in mitigation that the stolen jewelry was not lost, because the pawnshops have confirmed they were holding them until they were repaid for the loans they extended.

This prompted Magistrate Chui to add to Tayong’s penalty the burden of paying to recover the jewelry.

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But with doubts over her being allowed to stay in Hong Kong after serving her sentence – and thus her abilty to pay -- the burden of paying the amount by the January 31 deadline, will be borne by Tayong’s mother, who is also working as a domestic helper in Hong Kong.

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Forum on women empowerment held at PCG

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Revote, Saret and Licaros were the forum's main speakers 

“Know your value" or, isipin naman ninyo ang sarili ninyo.” (Have more concern for yourselves).

This, according to Deputy Consul General Germinia Usudan, is the most important thing that women, especially migrant domestic workers, should bear in mind as they navigate through life abroad.

Usudan made the remarks as she wrapped up a three-hour public forum titled “Juana, Knows” held earlier today at the Philippine Consulate, in observance of the 18-day Campaign to End Violence Against Women.

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Usudan said this was her first takeaway from the forum, which featured three lawyers who spoke on women’s rights and powers, as well as RA 9272 or the Anti-Violence Against Women and their Children Act of 2004 : Vice Consul Alan G. Revote, who heads the Consulate’s civil registry and legal section; Consul Paul Saret, head of assistance to nationals, and Anna Theresa Licaros, banker and women's rights advocate.

Taking off on Licaros’ tips on how women could empower themselves, Usudan said it is also important for migrants to have a strong support system, or at least have someone to confide in when the going gets rough; for them to know their rights; and lastly, to have all their important personal information or data at their fingertips or within reach.

Licaros said organizing important informations means having valuable records such as passports, birth certificates, bank account numbers so that in case a problem occurs in the family, the woman would be able to produce these as needed.

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Equally important, she said, is to know one’s network, meaning, who to call or contact should the need arises. An example of this is the Department of Social Welfare Department official in their locality.

But beyond these, she said migrant women should have goals, and they should write them down so they do not forget. 

They should also learn new skills like cooking or understanding new technology as these are things that will never go away and will serve them in good stead in future. 

Lastly, they should find meaning in their work, whatever it is, as this will prevent them from feeling tired or resentful.

Licaros and her list of do's for women migrants

Revote for his part explained to the audience that the VAWC is meant to protect women and their children against an abusive sexual or romantic partner, whatever their gender.

Under the law, such acts of violence can be physical, sexual, psychological, or economic.

Physical abuse includes assault or any kind of actual harm committed against a woman or her children.

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Sexual violence may include forced sex  during marriage, rape, and even online sexual exploitation of children.

Psychological violence refers to inflicting mental torture, such as stalking, abusing the victims’ pets, or destroying things that have a sentimental value to them.

The last, economic violence, pertains to making the woman financially dependent on her spouse or partner, such as preventing her from working or handling money.

Victims of any of these acts can go to their barangay or the courts for relief. 

The first step is to seek a barangay protection (BPO) which should be granted within 24 hours, but is valid for only 15 days.  

The next step is to go to the Regional Trial Court (RTC) or Municipal Trial Court (MTC) and ask for a temporary protection order (TPO) which can be granted ex parte, or with only the victim present. This order is enforceable anywhere in the country but is valid for only 30 days.

The final relief is a permanent protection order (PPO) which either court can grant following a hearing when both sides are represented. This order has no deadline and is enforceable throughout the country. 

The PPO can also be accompanied by other orders such as preventing the offending party from going near the victims or harassing them; as well as granting restitution or compensation to the offended party. 

Revote said all these reliefs can be sought at the same time if the victim/s want the protection order to become permanent or prevent a gap in their implementation.

Saret said many migrant women turn to the Consulate for help or advise because the physical separation from their spouses often leads to infidelity. This in turn, leads to all sorts of problems for migrant women who end up becoming the family’s sole breadwinner. Many choose to overstay, or resort to stealing or money laundering to make ends meet.

In extreme cases, the debt-ridden or lovelorn migrant becomes depressed, and commits suicide. Saret said that this year alone, there have been five recorded suicides of Filipino migrant workers.


DCG Usudan (in checkered jacket) join the speakers and the 2 welfare officers

Saret said social welfare officer Rem Marcelino of the Migrant Workers Office asked him to relay to the audience a few pieces of advice that would help them survive Hong Kong while living in harmony with their family back home.

The first of these is to make their spouses or partner understand the reason why they decided to go abroad, and how difficult this decision has been for all of them.

The second is to be mindful of a need for a nurturing relationship, meaning, keeping in constant communication with their partner. 

Saret said that since his own family is in the Philippines, he always makes sure to check on his wife during meal times. He also avoids getting angry with his children during the rare times that they are all together so this does not leave a lasting impression on them.

Lastly, migrant mothers should always check on the children they left behind to make them feel they have not been abandoned. Corollary to this, the children should be made to understand that their mothers decided to live and work away from them so they could have a better future.

Also at the forum were Marcelino and OWWA welfare officer Marilou Sumalinog.

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Filipina loses claim to $6k pay in lieu of notice, told to pay employer instead

Posted on 05 December 2023 No comments

 

The case was decided at the Labour Tribunal

The Labour Tribunal today rejected a Filipina domestic helper’s claim for $6,000, representing one-month's pay in lieu of notice, and instead ordered her to pay that amount to her employer, plus court costs of $200.

The tribunal’s Deputy Presiding Officer, Jennifer Ng, ruled that it was Aiza Tenorio who left her employer, rejecting her earlier claim that she was constructively terminated by Chong Hui Sai Stephanie.

The ruling ended the trial for one of the last remaining issues in their labor case. Since it was Tenorio who left, she also lost her claim to long service pay. And since Chong had hired her replacement, Tenorio was also not entitled to severance pay.

How? Pindutin dito

The two had earlier settled Tenorio’s claims for unpaid wages, annual leave, overtime pay, air ticket and travelling allowance.

Ng noted that because of Tenorio’s changing testimonies during the hearings, she gave the employer’s evidence more weight. “Defendant was more honest and reliable,” Ng concluded.

Their dispute arose from an argument that erupted after an unleashed dog attacked the two dogs that Tenorio and her employer were walking last Feb. 10 in Happy Valley. After the attacking dog was pulled by its owner and Tenorio tried to control one of her employer’s dogs named Seal, it bit her arm.

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Tenorio claimed that she felt that she was in danger under Chong’s employ when the employer insisted that it was the other dog that bit her.

“If you don’t follow me,” Tenorio had quoted Chong, “it is better to fire yourself.”

But based on the testimonies, Ng noted that Chong asked Tenorio if she wanted to go to a hospital for a check-up, which the helper rejected because the wound was superficial. Chong even took pictures of the bite, using Tenorio’s phone.

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They parted ways there, and when Tenorio arrived at Chong’s home late in the evening, police were there, investigating Chong’s complaint that $30,000 worth of her “European currencies” were missing.

Ng noted that Chong did not name Tenorio as a suspect, because she did not want her to leave as she could not manage to walk two big dogs by herself.

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Tenorio later packed her belongings and had her employer check them in front of a security guard. She then went to Ruttonjee Hospital for treatment, reported the dog-biting incident to police and did not return.

“There was no dismissal,” Ng concluded.

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Family of DH charged with overstaying ask for help to locate her

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Photo of Vargas shared by a netizen worried about her mental health

The family of a Filipina former domestic helper whose photo was posted online by a netizen who expressed concern about her mental well-being is asking for help in locating her so she can be brought home.

A Facebook post that was shared with the family of Kris Hope Vargas on Nov. 27 said she was seen wandering near K11 Musea in Tsim Sha Tsui, apparently not in her right mind. She was seen holding a mobile phone, looking dazed and dishevelled.

How? Pindutin dito

Her family immediately contacted the Overseas Workers Welfare Administration in the Philippines to ask help for her immediate repatriation. As of this writing, however, OWWA has yet to get information on her whereabouts as her previous recruitment agency said it had lost touch with her in 2019.

Vargas, 32, was previously jailed for six months for money laundering and had been in and out of court since two years ago as she faced another charge of overstaying her visa. The charge said she should have remained in Hong Kong only until Mar 10, 2020, after her FDH visa was terminated.

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She was arrested outside Chung King Mansions in Tsim Sha Tsui on Nov. 10, 2020 and charged with money laundering and overstaying. She was jailed on June 7, 2021 on the laundering charge but the prosecution asked for more time to look into her alleged breach of condition of stay.

Subsequently, she filed a non-refoulement claim, or against being sent back home, which allowed her to be freed on bail while her immigration case was being heard, along with the overstaying charge.

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But through several months of hearing at Eastern Court, Vargas had jumped bail at least twice, prompting the magistrate to forfeit her bail, and order her arrest. This happened in November 2021 and again on Apr 26, 2022.

Her case did not appear in the court list again until today, when it was mentioned for another hearing at Eastern court tomorrow at 9:30am.

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Despite this, it is not clear if the authorities have somehow found Vargas and put her back in detention, or if the case was just listed down again as a matter of practice.

But whatever happens in court, Vargas’ family just wants her back home as soon as possible, saying her father has been distraught, especially over news that a crime syndicate has been holding her against her will.

Anybody with information about her whereabouts and how she can be helped may contact the OWWA hotline, 6345 9324.

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Trial set for discrimination case vs employer of deceased FDH

Posted on 04 December 2023 No comments

 

Joan's viral photo, taken shortly after she was dismissed by Choy early on May 1, 2017

The stage is set for the trial of a Hong Kong employer who is being sued for damages for allegedly firing her late Filipina domestic helper in the wee hours of May 1, 2017, two days after she was discharged from hospital for cancer treatment.

Chief District Judge Justin Ko set the trial for five days from February 21 next year, after hearing from counsel for both parties earlier today, Dec. 4, on how to proceed with the case.

Judge Ko also verified with both counsel that an attempt at conciliation was made by the Equal Opportunities Commission, but failed.

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Suing on behalf of the late Joan S. Guting is her friend, Carla A. Temporosa, who took care of the cancer-stricken Filipina while she was receiving treatment in Hong Kong, and after she was sacked by her employer, Rita Choy Chiu-yee.

Temporosa is suing Choy for damages as well as a written apology over her alleged “discriminatory, offensive and inhumane” conduct towards Guting

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Choy is denying the allegations and argues the termination of Guting was legal and she was paid all that was due her.

According to the claim, Choy began discriminating against Guting after learning about her medical condition sometime in March 2017  

The domestic helper was allegedly ignored, not given enough food, and the utensils she used like pans and plates were thrown away.

The worst was when she was terminated and told to leave Choy’s house shortly after midnight while still receiving treatment for her various ailments.

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On March 5, 2017 Guting learned that she had stage 3 and 4 cervical cancer, oedema and acute renal failure. She had been with Choy for about 27 months then  

Guting began undergoing treatment, but 10 days before completing her 20th radiotherapy session at Tseung Kwan-o Hospital, she was reportedly woken by Choy and told that she needed to go because she had already used up all her leave benefits.

All her things were said to have been packed in a suitcase and two striped bags, and her employers tried to get her into a taxi so she could go to her church’s shelter.

BASAHIN ANG DETALYE

Not knowing what to do or where to go, Guting called up Temporosa instead, who managed to get to her only at about 2am, as she lived all the way in Fanling.

During an earlier interview with The SUN, Temporosa said Guting’s relationship with her employer was not entirely hostile as she was paid all her salary during her sick leave, and was given $10,000 on her last day for unpaid wages and other benefits.

Later, Choy paid over $1,000 more to settle all of Guting’s claims at the Labour Tribunal.

But because of the way she was kicked out while still  sick and fragile, Guting was advised to file a case with the EOC against Choy for violation of the Disability Discrimination Ordinance.

Guting continued receiving medical treatment in Hong Kong until October 21, 2017, when she decided to return to the Philippines. She died on August 18, 2018..

Temporosa is seeking a declaration that Choy unlawfully harassed or discriminated against her friend.

She is also demanding a court order for Choy to apologize to Guting’s family, and pay them compensation for their loss and damage.

Guting was originally represented in court by human rights lawyer Michael Vidler, who has since left Hong Kong. The case is now being handled by Haldanes, on instruction by Legal Aid.

 Choy is represented by solicitors Joseph MK Chan.

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OFW lounges to open at NAIA Terminals 1 and 3

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The OFW lounge at Terminal 1

OFWs going to their work sites abroad will have a new reason to arrive earlier when departing from the Ninoy Aquino International Airport: They can enjoy for free the facilities of two lounges that will be opened exclusively to them – one in Terminal 1 and another in Terminal 3.

Official announcements have yet to be issued by the Department of Migrant workers or the Overseas Workers Welfare administration, which is undertaking the project, except for pictorials and teasers from OWWA.

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According to reports, however, the OFW lounge in Terminal 1 will open on Dec. 15, while the one in Terminal 3 will open in January.

An official of the Ninoy Aquino International Airport also said the agency is involved in the projects to help enhance the travellers’ experience at Manila’s airport.

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The lounge facilities include comfortable sofas, free wi-fi access, phone charging points, and power outlets to enable departing OFWs to recharge their electronic devices.

OFWs can also approach information desks, where they can get information about the places they are bound to, access to helpful resources and answers to questions about their work sites.

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However, unlike in lounges reserved for business or first class travelers or holders of special access cards, no free food will be served in the OFW lounges.

Since they would be able to mix with fellow OFWs, they would be able to exchange expeiences, establish friendships and connect to online communities in their host countries.

BASAHIN ANG DETALYE

With the construction work mostly completed, several officials have visited the lounges, among them Atty. Honey Quiño, OWWA deputy administrator , and James B. Mendiola, OIC-Repatriation and Assistance Division, according to an OWWA Facebook post.

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