May 19, 2018 Hawaii Filipino Chronicle 1
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MAY 19, 2018 HAWAII FILIPINO CHRONICLE 1 MAY 19, 2018 WHAT’S UP, ATTORNEY? TRAVEL FEATURE CANDID PERSPECTIVES CHIEF JUSTICE HOMECOMING, MADAME PELE’S SERENO OUSTED PHILIPPINES LASTING GIFT 2 HAWAII FILIPINO CHRONICLEMAY 19, 2018 EDITORIALS FROM THE PUBLISHER any in the Filipino com- The Judiciary Needs munity remember Eduardo Malapit, four-time Mayor of Kauai and the first Filipino Independent and Fair American mayor in the Unit- M ed States. Malapit was also Judges an attorney and inspiration to many Filipi- he Judiciary is one of, if not the most import- nos who entered the legal field. Among them ant, pillar of any democracy. It serves to protect is Judge Randal Valenciano who is also from Kauai. Malapit citizens of their basic human rights. It is the encouraged the younger Valenciano to go to law school; and foundation from which the rule of law is creat- today, Valenciano is the source of inspiration for another gen- ed and interpreted. Landmark cases throughout eration of Filipinos pursuing law. T U.S. history shows us insight to American val- For our cover story this issue, HFC contributor Atty. She- ues; and at times, how these values change. In Dred Scott v. ryll Bonilla interviewed Valenciano, a circuit court judge on Sanford, the U.S. Supreme Court sided with slavery advo- Kauai. He serves, concurrently, as Chief Judge, Administrative cates and declared that blacks cannot be citizens of the U.S. Judge, and Senior Family Court Judge. A son of immigrant which was the loophole that allowed slavery to continue parents from the Philippines, Valenciano grew up as a sugar until it was eventually abolished. In Plessy v. Ferguson, the plantation kid on Kauai. The esteemed judge received his law Supreme Court allowed segregation in public places until degree from the University of Washington, worked as a Dep- much later in Brown v. Board of Education the Supreme uty Public Defender in Honolulu and as a Deputy Prosecuting Attorney of Kauai. Before becoming judge, he also worked in Court begins the end of segregation. In Korematsu v. Unit- private practice for close to 20 years. Recently, he was reap- ed States, the Supreme Court allowed that Japanese Ameri- pointed for a second, 10-year term to the Fifth Circuit Court. cans be held in internment camps during World War II. In our Q&A, the judge talked about his judicial responsibil- From our contemporary viewpoint looking back, it ities and the importance of being active and giving back to amazes us how or why some of these cases were decided the community. To help deserving students from Waimea High on in what today’s standards seem obviously wrong. This School, he funds an annual scholarship in honor of his parents. points out to the organic nature of the law, that it changes We hope Judge Valenciano’s life story will inspire our youth over time and ultimately was never meant to be set in stone. interested in a career in the legal profession. Some of today’s more recent cases, such as Citizens Unit- Also in this issue, we have a Travel Feature by Renelaine ed v. Federal Election Commission (that struck down lim- Bontol-Pfister. As summer approaches and people are finaliz- its on corporate campaign contributions), might eventually ing plans for their summer vacation destinations, Hawaii res- be frowned upon in the future as a big head scratcher, and ident Renelaine might convince you to consider going to the also be seen as an abhorrent decision that never should have Philippines. She just returned from visiting tourist sites in Ma- happened. nila such as the National Museum, Luneta Park, Intramuros, The responsibilities of the Courts cannot be overstated and Malacañang Palace. In her article, she writes about famous which is why the appointment, and in some cases, election Filipino artists, historical sites and the national hero Jose Rizal. of judges, are critical. Choosing the right judge has a direct Manila is rich in history and culture, and is among the great impact on countless lives. cities of the world to visit in one’s lifetime. Former President Barrack Obama said of his deci- In our news sections, read about the federal Presidential sion-making in selecting judges: “We need somebody who’s Disaster Declaration that was approved to help the Hawaii is- got the heart, the empathy, to recognize what it’s like to be land with damages caused by the Kilauea volcanic eruptions. a young teenage mom, the empathy to understand what it’s The Department of Health also wants to remind residents of like to be poor or African-American or gay or disabled or the Crisis Hotline available to residents who are suffering from old – and that’s the criterion by which I’ll be selecting my anxiety and stress due to the eruptions. judges.” In other words, at least in Obama’s eyes, judges Lastly, read HFC columnist Atty. Emmanuel Samonte Ti- ought to have perspective and empathy to be able to render pon’s article on Philippine Supreme Court’s Chief Justice Ma- fair rulings. ria Lourdes Sereno who was recently removed from office by Another important quality judges must have is indepen- way of an 8-6 decision by the Supreme Court over a quo war- dence. Caroline Kennedy described independence as “the ranto petition that renders her appointment in 2012, null and void. What’s quo warranto? Find out in Tipon’s article. The ability to make decisions independent of the political winds embattled Sereno has been a chief critic of President Rodrigo that are blowing.” If judges, especially high court judges Duterte and her removal is perceived by many as political and that take on impactful constitutional issues, did not possess a threat to democracy. Sereno has been a vocal leader in advo- independence, society perhaps would still be in the dark cating rule of law and a critic of Duterte’s human rights record. ages where women still had no right to vote, minorities had We hope you enjoy this issue; and thank you for the many no right to own property, or LGBT citizens had no right to years of your support. Until next issue, warmest Aloha and marry. Mabuhay! Supreme Court Associate Justice Stephen Breyer said, “Independence means you decide according to the law and the facts.” What’s deemed popular might win elections; but in the Judiciary where facts and laws matter most, popular He also was a judge in Family Court. “Every case affects opinion must be given weighted-to-no consideration. parties involved. I preside over sex assault and domestic vi- Circuit Court Judge and Chief Judge of Kauai Randal olence that have devastating impact on victims involved. I Valenciano agrees with Justice Breyer. Valenciano said on also preside over drug cases where good people make bad being a good judge, “it is important to keep your focus on decisions that affect them and their families, including their the law and the facts. It is easy to get caught up in other children. I understand that the decisions I make have broad factors. Every judicial decision has impact, positive or neg- and wide impact. I do not take my job lightly,” he said. ative.” If perspective and empathy contribute to making a Judge Valenciano presides over criminal and civil cases. (continue on page 6) MAY 19, 2018 HAWAII FILIPINO CHRONICLE 3 EDITORIALS Don’t Let Trump Cut Billions in Funding for Children’s Health Insurance erations that funds the war in Iraq, Syria and Afghani- rony. Hypocrisy. valued health care programs stan. (Compare that to the $7 You just can’t of the past 20 years. Prior to billion he wants to cut from come up with the Trump administration, it CHIP) better examples has received bipartisan sup- It’s clear this president’s than this. port because it was created in priorities lie in national secu- I One day af- a spirit of bipartisanism at a rity and policing that arguably ter First Lady Melania Trump time when bipartisanism was are already overfunded; and held a press conference pri- still fairly common. in the case of the wall, unnec- oritizing her advocacy for CHIP was created by Re- essary. children that includes better publican Sen. Orrin Hatch and Americans should be ask- mental and physical health for the late Democrat Sen. Ted ing themselves: “Do Trump’s youths, her husband President Kennedy. priorities match up to my pri- Donald Trump announced he It provides health in- orities? wants to cut millions in fund- surance to 9 million young $1.3 trillion omnibus spend- benefit children are okay; but Rest assured these pro- ing to the Children’s Health Americans whose families are ing package for fiscal 2018, not to “national security” posed rescissions budgetary Insurance Program (CHIP). low-income, but makes too coupled with last year’s tax Even as the bloated fed- cuts to CHIP are only the be- The proposed cuts will much to qualify for Medicaid. cuts that reduces billions in eral deficit gets fatter and ginning. The pace at which come from what’s called the It covers a whopping one collections to the federal trea- calls for cuts get louder, Trump is spending will re- rescission budget, or “unused” out of every eight children in sury, Trump is pressured to Trump still finds it neces- quire much deeper cuts to so- money that have already been the United States. make cuts. Bigger reductions sary to have a border wall. cial services such as Medicaid approved by Congress. Trump CHIP covers children could come in Medicaid and He has increased ICE agents and Medicare.