FBANC Statement

May 10, 2022

FBANC Statement on Environmental Justice and Relief Efforts in the Philippines

March 16, 2022

In the Philippines, three of the five deadliest typhoons occurred in the last decade.  The Filipino Bar Association of Northern California (FBANC) acknowledges that a warming world brings more intense and more frequent severe weather events – such as Typhoons Haiyan (Yolanda) and Odette (Rai) – and that the Philippines and other nations in the Global South disproportionately bear the burden of climate change. The geophysical and socio-economic factors in the Philippines, as well as the challenges to build infrastructure, unfortunately put the most vulnerable communities at risk.

FBANC believes in equipping communities in the Philippines and elsewhere with the climate adaptation and disaster mitigation tools to foster climate resilience.  

FBANC is in solidarity with the efforts of National Alliance for Filipino Concerns (NAFCON USA) and its main on the ground partner, Citizen Disasters' Response Center (CRDC) to give long lasting support in the fight for environmental justice. CDRC uses community-based disaster management to reduce communities' vulnerabilities and strengthen each communities' capacity to cope with hazards from these disasters. Please watch this video to learn more about NAFCON (last visited March 8, 2022).

As an organization, FBANC will continue to plan fundraisers and share our work with NAFCON as we recognize that long term and continuous support provides sustainable rehabilitation for the affected communities. In 2013, under the leadership of Abigail Rivamonte Mesa during her term as FBANC President, FBANC raised over $20,000 in response to Typhoon Haiyan (Yolanda). In January 2020, FBANC led the charge in organizing the National Filipino American Lawyers Association, Pilipino American Bar Association (PABA), Hawaii Filipino Lawyers Association (HFLA), Filipino Lawyers Association of San Diego (FALSD), Filipino Lawyers of Washington (FLOW), Oregon Filipino American Lawyers Association (OFALA), and the Sacramento Filipino American Lawyers Association (SacFALA) to raise relief efforts in response to the Taal Volcanic eruption. 

During the remainder of this fiscal year, FBANC will continue to give when possible. This past January, FBANC’s first Typhoon Odette (Rai) fundraiser from the Warriors Charity game amounted up to $1420 in donations. All proceeds from purchasing these “Isang Mundo” items from the FBANC shop will go towards relief efforts. Additionally, some proceeds from the FBANC Golf Tournament on April 22, 2022 will go to relief efforts. We hope the FBANC community will continue to give in their own way by visiting here (last visited March 8, 2022). 

As climate change and disaster mitigation relief remain ever-present in the Philippines, FBANC urges the community to continue the long-lasting fight for environmental justice. 

Contact FBANC Director Chloe Czabaranek (chloeczabaranek@fbanc.org) and FBANC President Jennifer Sta.Ana (jenniferstaana@fbanc.org) for more information. Thank you to FBANC member Idrian Mollaneda for helping to author this statement.

FBANC Statement in Solidarity With Ukraine

March 1, 2022

The Filipino Bar Association of Northern California (“FBANC”) stands in solidarity with Ukraine in its valiant resistance against the Russian invasion, ordered by Vladimir Putin last week. This senseless war, which will inevitably lead to death and tragedy, underscores the importance of continuing to fight for democracy, peace, and freedom in the world.

This terrifying situation also serves as an important reminder of the interconnectedness of our struggles. FBANC reflects on its own history and the wars that deeply affected Filipinos and Filipino Americans, such as the Philippine-American War and World War II. Those wars forever changed the Philippines and its citizens and played a significant role in the Filipino diaspora to the United States. Just as the Philippines relied on the support of the world in protecting against imperialist forces, we must all work together to support the people of Ukraine by providing resources, attention, and action.

As the war develops, FBANC urges the community to remain attentive and vigilant.  We must continue having important discussions about freedom and peace in the United States and globally. For more information on how to help, please see here (last visited: February 28, 2022).

Contact FBANC President-Elect President Raymond Rollan raymondrollan@fbanc.org and FBANC Vice-President Nelson Pineda Lam nelsonlam@fbanc.org for more information.

FBANC Denounces the Supreme Court’s Denial of a Preliminary Injunction in the Enforcement of the Texas Law Called Senate Bill 8

September 22, 2021

On September 1, 2021, the Texas law called Senate Bill 8 (S.B. 8), came into effect, banning pregnant women from obtaining an abortion after only six weeks. The U.S. Supreme Court refused to block its enactment, with a vote of 5 to 4 in the Whole Woman’s Health decision, which was accompanied by an opinion no more than two pages long. Despite the consequences of the decision running contrary to fifty years of established precedent, the Supreme Court refused to grant a preliminary injunction on procedural grounds and skirted away from addressing the unconstitutionality of the new law on the merits. The Filipino Bar Association of Northern California (“FBANC”) denounces the manner in which the Supreme Court reached its decision, which raises at least three procedural questions.

Foremost, as a professional organization committed to upholding constitutional protections and due process, FBANC seeks to carefully analyze S.B. 8. The Supreme Court in Whole Woman’s Health failed to interpret in good faith fifty years of precedence under Roe v. Wade and its progeny which prohibits imposing undue burden to a woman seeking an abortion before the fetus attains viability. Most troubling, the Supreme Court did so in an unsigned opinion without oral argument or rigorous analysis of the issue on the merits through a procedural mechanism known as the “shadow docket.” FBANC is deeply troubled by the increased use of the exceptional mechanism of the Supreme Court’s “shadow dockets,” which in the last several years has been used to scale back constitutional rights without the traditional due process that underlies our adversarial system.

FBANC also expresses concerns about how the Supreme Court has blatantly overlooked S.B. 8’s enforcement mechanism, which in effect prohibits the exercise of a constitutional right well established under the Due Process Clause of the 14th Amendment by deputizing private actors as its enforcers. For instance, women intending to get an abortion must be prepared to face a private plaintiff in a civil court potentially at a different county where plaintiff lives. Section 171.210(a)(4). S.B. 8 Plaintiffs are not a public enforcement body acting on evidence and guided by standards because the law delegates power to deny abortion to private, nongovernmental entities. Texas deputizes neighbors, family members, and even the partners of pregnant women to enforce its anti-abortion provisions in S.B. 8, without requirement that they act on substantial evidence and demonstrate sufficient standing. The only clear requirement to be a plaintiff is not to be an officer or employee of a state or local governmental entity in this state. Section 171.208. If this private enforcement scheme is able to avoid proper constitutional scrutiny, the Supreme Court’s refusal to act in this instance raises additional questions as to what other constitutional rights may be prohibited in the same manner.

Furthermore, FBANC disagrees with the Supreme Court overlooking the well-defined elements of standing, which traditionally requires that the plaintiff has suffered an injury as a result of the defendant’s conduct. Under S.B. 8,  the definition for those exposed to civil liability for aiding or abetting are amorphous and undermines due process. For example, rideshare drivers who unwittingly drive a pregnant woman to an abortion clinic could be fined  $10,000 in civil damages, if unable to meet its burden of proof of an affirmative defense by a preponderance of evidence. Section 171.208(f). The two affirmative defenses available are: (1) after conducting a reasonable investigation, that the physician performing or inducing the abortion had complied or would comply with this subchapter; or (2)  a person sued under Subsection (a)(3) reasonably believed, after conducting a reasonable investigation, that the physician performing or inducing the abortion will comply with this subchapter.

S.B. 8 also raises questions about the punitive standards placed on defendants. For example, the following defenses are barred in Section 171.208: ignorance or mistake of law; belief that requirements in the law are unconstitutional; reliance on any court decision that has been overruled or appealed by a subsequent court even if that court decision had not been overruled when the defendant engaged in conduct; reliance on any state or federal court decision that is not binding on the court in which the action has been brought; non-mutual issue preclusion or non-mutual claim preclusion; consent of the fetus; or any claim that the enforcement of this subchapter or the imposition of civil liability against the defendant will be provided by Section 171.209, the undue burden defense limitations. Most cruelly, there is no exception for rape or incest. 

S.B. 8 points out another auspicious move towards unfettered power by implementing a pathway of litigation that delegates power to a constitutional right by allowing private, nongovernmental entities to file a claim against the potential defendants above. S.B. 8 further divides our nation while steering the U.S. Supreme Court towards the untenable road towards undoing constitutional protections for individuals. The use of the shadow docket to prohibit the exercise of a constitutional right further undermines the credibility of the Court. FBANC stands against such an undemocratic process. 

Contact FBANC Directors Joey Badua joeybadua@fbanc.org and Bonifacio Sison bonifaciosison@fbanc.org and FBANC President Jennifer Sta.Ana jenniferstaana@fbanc.org for more information.

FBANC Submits Public Comment to Amendments to California Rule of Court 10.20 on the Elimination of Bias

June 25, 2021

The Filipino Bar Association of Northern California (FBANC) submitted public comment to amendments to California Standards of Judicial Administration, standard 10.20 (Court’s duty to prohibit bias). We invite members to use the FBANC submission below as sample language for any public comment you wish to submit here by end of business day today, June 25.

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Dear Judicial Council Rules Committee and Work Group to Enhance Administrative Standards Addressing Bias in Court Proceedings:

Re: Proposal SP21-03, Do Not Agree With Proposed Changes

The Filipino Bar Association of Northern California (FBANC) opposes the Work Group’s proposed changes to California Rules of Court, Rule 10.20, Court’s duty to prohibit bias. In November 2020, the Chief Justice of California appointed the Work Group to identify improvements and proposed amendments to Rule 10.20. The result: one central proposal is the elimination of the local bias committees in favor of obligating courts to direct complainants to existing complaint resolution processes. FBANC opposes these proposals for the following reasons.

Rule 10.20 imposes a duty on California courts to establish a local bias committee staffed by diverse members of the local bar community. One of the critical functions of the local bias committees is to accept and resolve complaints of bias in courts. Rule 10.20(c)(d), for instance, requires that courts have “[m]inimum components of a complaint procedure.” Although it came to light in spring 2020 that nearly all of the Superior Courts in California were out of compliance with California Rule of Court 10.20(c)(d), the Work Group has proposed to eliminate the complaint procedure. This proposal is inexplicable in light of the fact that such a rule has never been widely adopted and effectively implemented.

The Work Group asserts that eliminating the local bias complaint structure is preferable to strengthening Rule 10.20(c)(d). According to the Work Group, other existing complaint resolution processes renders redundant the local bias committee required under 10.20(c)(d). Not so. Even the annual reports by the Commission on Judicial Performance show that a complaint filed with their body is in fact no resolution at all. Rather, a complaint to such a body is almost always likely to be dismissed without an investigation. And even in the rare instance where a complaint is actually investigated, the complaint is shortly dismissed without any meaningful resolution for the complainant or changes to courtroom conduct. See Commission on Judicial Performance 2020 Case Statistics and Commission on Judicial Performance, “Weaknesses in Its Oversight Have Created Opportunities for Judicial Misconduct to Persist”, Auditor of the State of California, April 2019, Report 2016-137.

Another example of this proposal’s shortcoming is the elimination of Rule 10.20(e)(7). This provision provides guidance to each local committee on bias because it clearly identifies which groups are protected and what kind of conduct is reportable. As it stands, complaint procedures apply to “incidents of bias whether they relate to race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status.” Eliminating this clear and specific language in favor of merely ensuring that “court users can access information regarding how they can submit complaints regarding bias” confuses rather than clarifies. Consequently, the Work Group’s proposals must be rejected.

In light of the lack of viable alternatives, Rule 10.20 should be strengthened, not weakened. Eliminating the minimal procedures and approving what the Work Group proposes, however, weakens Rule 10.20 in its entirety.

One example of how Rule 10.20 may be strengthened is by ensuring confidentiality to potential complainants. The Work Group proposes as another alternative to the local bias committee the fact that “courts have developed robust procedures for addressing such complaints.” For instance, in many courts, “complaints against judicial officers . . . are made to the court’s presiding judge.” This is not enough. The purpose of Rule 10.20 is to establish a neutral third-party composed of disinterested attorneys from the community. Complainants must feel confident that even though they may file a complaint of bias about a presiding judge or their staff in connection with a present case, they are not risking their client’s interest, nor their own reputation before the judiciary. Aside from failing to shield complainants from potential retaliation and other adverse actions, it is not in the spirit of Rule 10.20 to leave complainants relying on presiding judges to accept complaints and to regulate themselves regarding their own biases.

In short, FBANC proposes that the Rule Committee reject these proposals. Instead, the Rule Committee may consider re-constituting the Work Group. FBANC proposes that amendments to Rule 10.20 be conducted with a Work Group comprised of civil rights attorneys, employment attorneys, and members of diversity bar associations, if possible. FBANC would encourage this reconstituted Work Group to identify proactive measures for eliminating bias in the courts and in court interactions. Court personnel, for instance, should have clearer guidance and authority in prohibiting and preventing bias in courts and in interactions with the court. The importance of eliminating bias in the courts demands that the Rule Committee approach this with care, respect, and inclusion of appropriate voices.

Thank you for your consideration of public comment.

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Contact FBANC Membership Co-Director Bonifacio Sison bonifaciosison@fbanc.org and FBANC President Jennifer Sta.Ana jenniferstaana@fbanc.org for more information.

FBANC Statement Regarding Establishment of Juneteenth National Independence Day

June 19, 2021

The Filipino Bar Association of Northern California (“FBANC”) commends President Joseph Biden for signing legislation on June 17, 2021, establishing June 19 as a Federal holiday known as Juneteenth National Independence Day. Juneteenth commemorates June 19, 1865, when Union soldiers brought the news of emancipation to enslaved Black people in Galveston, Texas–nearly two and a half years after the Emancipation Proclamation outlawed slavery. June 19, 2021 marks 70 years of celebrating Juneteenth in San Francisco, and it is one of the largest African American celebrations in Northern California.

The establishment of Juneteenth as a Federal holiday is only a small step towards dismantling white supremacy and addressing systemic racism in this country. FBANC recognizes that although Juneteeth commemorates a historic milestine to end slavery, it should also be a celebration of freedom and hope for a more equitable union.

FBANC reaffirms our commitment to stand in solidarity with the Black community and combat racial injustice and oppression. We are cognizant that the fight against slavery has paved the way for our community and countless others to achieve freedom and equity in this nation. We must continue having important discussions about freedom and race in the United States, especially in the midst of the racial reckoning stemming from the murders of George Floyd, Breonna Taylor, and countless others. FBANC encourages education about Juneteenth’s significance in the history of our country. For more information about Juneteenth, please check https://juneteenth.com/.

Contact FBANC President-Elect President Raymond Rollan raymondrollan@fbanc.org for more information.

FBANC Statement in Support of Formation of CA DOJ Racial Justice Bureau

May 13, 2021

The Filipino Bar Association of Northern California (FBANC) commends California Attorney General Rob Bonta’s launch of the Racial Justice Bureau within the California Department of Justice (DOJ). The formation of this bureau represents a necessary step in combating discrimination and racism in California and addressing the reported rise in hate crimes and incidents against members of the Asian American Pacific Islander (AAPI) community. 

 “This initiative comes at a critical time for the AAPI community as many struggle to celebrate AAPI heritage month due to the rise in violence and the senseless attacks within our community. FBANC is optimistic that the Racial Justice Bureau will develop and implement practices, policies, and procedures that empower us to challenge white supremacy and lead to safety for all,” said Mari Bandoma Callado, President of FBANC. 

In applauding Attorney General Bonta’s launch of the Racial Justice Bureau, FBANC reaffirms its commitment against bigotry and intolerance, and encourages the public to report incidents of anti-Asian hate to the appropriate authorities and the Stop AAPI Hate Reporting Center.  

Contact Mari Bandoma Callado, FBANC President maribandoma@fbanc.org and/or FBANC Vice President Raymond Rollan raymondrollan@fbanc.org for more information.

FBANC Statement on the Derek Chauvin Trial Verdict

April 22, 2021

The conviction of Derek Chauvin on all counts for the murder of George Floyd on April 20, 2021, is a step towards accountability for the violence, harassment, and assault that disproportionately impact our Black brothers and sisters. FBANC commends the jury members for carrying out their civic duty and reaching a unanimous verdict based upon insurmountable evidence. 

Yet much work remains to be done in pursuit of liberty and equal access to justice. The amount of effort necessary to secure Mr. Chauvin’s conviction points to the urgent need for addressing systemic issues in the criminal justice and policing system. Far too often, Black members of our community are killed by the police with impunity. The loss of more Black lives at the hands of the police during trial is a stark reminder that we cannot rest until there is justice for all.

As a community that identifies as Filipino/a/x, our work combating injustice intersects with the work and struggles of our allies in the Black, Indigenous, People of Color (BIPOC) communities.  As we grapple with the surge of hate incidents and violence, mourn last month’s tragic deaths of eight victims in Atlanta, six of whom were Asian American women, and grieve for the eight victims in last Thursday’s shooting in Indianapolis, four of whom were Sikh, we reaffirm our commitment to stand in solidarity with the Black community and combat racial injustice and oppression. 

Our hearts are with George Floyd’s family and friends, and we offer our sincerest condolences to the families and friends of the victims in Atlanta and Indianapolis as well as the loved ones of Daunte Wright, Adam Toledo, and Ma’Khia Bryant.  

Contact Mari Bandoma Callado, FBANC President at maribandoma@fbanc.org  for more information.

FBANC Statement on the Rise of Anti-Asian Violence

March 4, 2021

The Filipino Bar Association of Northern California (FBANC) is appalled and saddened by the rising violence and hate inflicted upon Asian Pacific Americans (APA) over the past year. We especially mourn the deaths of elderly victims like Vichar Ratanapakdee, an 84-year old Thai-American, who was attacked while out on his morning walk in San Francisco. 

FBANC continues to denounce racist characterizations of COVID-19, which have inflamed anti-Asian sentiments and contributed to a surge in anti-Asian hate crimes across the United States. The inappropriate racialization of this public health crisis has perpetuated intolerance toward APAs, making them vulnerable to further attacks.

In response to the xenophobic violence and discrimination, we encourage members of our commnuity to report incidents of anti-Asian hate crimes to the appropriate authorities and the Stop AAPI Hate Reporting Center. 

FBANC recognizes that in calling for accountability for anti-Asian violence, we must not be complicit in bigotry or racism that disproportionately impacts our Black brothers, sisters, and community members. That is why unequivocally FBANC reaffirms its support of the Black Lives Matter movement, and stands in unity with Asian, Black, Indigenous, Latinx, and other communities of color disproportionately impacted by systemic racism in the U.S.  Racism, hatred, and violence have no place in our community and must be condemned in all its forms.

Contact Nelson Pineda Lam, FBANC Secretary nelsonlam@fbanc.org for more information.

FBANC Statement on the Death of Angelo Quinto

March 4, 2021

The Filipino Bar Association of Northern California (“FBANC”) extends its deepest sympathies to the family and friends of 30-year-old Filipino-American veteran Angelo Quinto. On December 23, 2020, Mr. Quinto experienced a mental health crisis at his family home and his sister called the Antioch Police to request for assistance. It has been reported that the officers who responded restrained Mr. Quinto on the floor and knelt on his neck for nearly five minutes.  Mr. Quinto lost consciousness and passed away a few days later.

Although the investigation into Mr. Quinto’s death is ongoing, one thing is abundantly clear: Mr. Quinto’s untimely passing underscores the importance of greater transparency and accountability of police agencies. The circumstances surrounding Mr. Quinto’s death, which recall the May 25, 2020 killing of George Floyd, where police knelt on Mr. Floyd’s neck, makes imperative the need for critical reexamination and reform of policies, practices, and training related to response to calls for service involving mental health crises.

As a legal organization, FBANC recognizes the key interests at stake in these difficult matters and the importance of preserving the integrity of the legal process. FBANC stands in solidarity with Mr. Quinto’s family and the Filipinx and Filipinx-American  Community in their quest for justice and increased police transparency and accountability.

Contact Mari Bandoma Callado, FBANC President maribandoma@fbanc.org and Raymond R. Rollan, FBANC Vice-President raymondrollan@fbanc.org for more information.

FBANC Commends President Biden’s Executive Orders

 FBANC applauds the Biden Administration’s executive orders aimed to combat inequity and protect our country's most marginalized, including reversing the travel ban from seven predominantly Muslim countries, preserving and fortifying the Deferred Action for Childhood Arrival (DACA) program, extending the federal nondiscrimination protections to members of the LGBTQ community, and denouncing the discrimination against Asian American and Pacific Islander during the pandemic.

 In past statements, FBANC condemned the discrimination against members of the Muslim community, attempts at terminating the DACA program, threats against workplace equality for the  LGBTQ community and the harmful, xenophobic, and racist rhetoric repeatedly utilized by elected officials against Asian Americans and Pacific Islanders. 

“In order to address pervasive discrimination based on race, gender, sexual orientation, national origin and systemic racism and inequality in this country, it is necessary to protect historically-marginalized and underserved communities, prevent further abuses, and promote respect and equality,” said FBANC President Mari Bandoma Callado.  “These executive orders are a great step towards that direction but there is much work to be done to alleviate disparities and advance equity.”

 FBANC stands in solidarity with our Muslim brothers and sisters, the entire immigrant community - particularly those who live in constant fear of deportation, the LGBTQ community, and the API community, especially in the midst of this pandemic when these communities are most vulnerable.

Contact Mari Bandoma Callado, FBANC President maribandoma@fbanc.org for more information.

FBANC Statement Opposing Revisions to Form I-131 Application for Travel Documents to Remove Sections Relating to and effectively terminate the Filipino World War II Veterans (FWVP) Parole program

The Filipino Bar Association of Northern California ("FBANC") strongly opposes revisions to Form I-131 Application for Travel Document to remove sections relating to and effectively terminate the Filipino World War II Veterans (FWVP) Parole program.

The integrity of the immigration system is not compromised by the FWVP program. Specifically, the FWVP program does meet DHS's obligation to narrowly exercise its parole authority. The FWVP Program involves a selective process and restraint on a case-by-case basis to exercising authority to grant parole. The FWVP program is available only to certain family members of verified Filipino and Filipino-American veterans of World War II whose I-130 petition on behalf of the qualifying relative has already been approved prior to requesting for FWVP parole. 

Moreover, the significant public benefits include recognition of and gratitude to the veterans, about 6,000 of whom are still living, the  youngest being octogenarians, for their unstinting patriotism, valor and loyalty. In 2015, President Obama signed into law the Filipino Veterans of World War II Congressional Gold Medal Act of 2015. Awarding the veterans and their next-of-kin the Congressional Gold Medal - the nation's highest civilian award - is an accurate reflection of the debt owed to the veterans who have risen to the occasion to meet the challenge for the cause of freedom and with steadfast loyalty to America. But, recognizing the debt owed must stem beyond a symbolic, albeit important, gesture.

Veterans who, under the leadership of the United States Army, fought as American nationals after the Japanese attacked Pearl Harbor and Camp John Hay, Clark Airfield, and Nichols Field in the Philippines. After four years of war which resulted in the loss of tens of thousands of soldiers, especially in the battles of Bataan and Corregidor, the veterans persisted and made significant contributions to the victory in the Pacific, some even with their lives. 

At the end of life for the veteran and their spouse, the benefit of being with their qualifying relative is significant in providing physical, emotional and mental support.  Even if the veteran has already passed, the legacy of their service to the United States should not be terminated if the qualifications to file a request for parole under the FWVP have been met.  

FBANC members include descendants of Filipino and Filipino-American veterans of World War II.  Some of our members have received, as next-of-kin, the Congressional Gold Medal.  The descendants of the veterans hold on to their legacy today, the legacy propelling them to excel in their professions and in their communities. The living veterans have waited over seventy-five years for recognition of their service and sacrifice such as the Congressional Gold Medal Act, P.L. 114-265 and the FWVP Program. They have shown the rest of the United States and the whole world not only about endurance, but also the widespread impact their patriotism has on the community.

FBANC submitted a comment opposing the termination of the FWVP Parole Program and urges our members and community partners to do the same. Submit comments via the Federal eRulemaking Portal website at https://www.regulations.gov under e-Docket ID number USCIS-2007-0045. The deadline to submit comments is February 26, 2021. All submissions received must include the OMB Control Number 1615-0013 in the body of the letter, the agency name and Docket ID USCIS-2007-0045.

Contact Mari Bandoma Callado, FBANC President maribandoma@fbanc.org for more information.

FBANC joins NFALA in denouncing the violent actions and assault on the United States Capitol today

January 6, 2021

The Filipino Bar Association of Northern California (FBANC) joins the National Filipino American Lawyers Association (NFALA) in denouncing the violent actions and assault on the United States Capitol today.

FBANC Statement Against the Anti-Terrorism Act of 2020

September 2, 2020

The Filipino Bar Association of Northern California (FBANC) stands against the Anti-Terrorism Act of 2020 (hereinafter referred to as “The Anti-Terrorism Act”). FBANC holds eminent the rule of law in our distinguished profession. Thus, we call on U.S. Legislators to join several members of Congress in urging President Duterte to repeal this law and demand more comprehensive consultation with the Filipino public. 

The Anti-Terrorism Act Allows for Detention Without Judicial Warrant

The Philippine Constitution guarantees as inalienable the fundamental right against unreasonable searches and seizures except upon probable cause to be determined by a judge. The International Covenant on Civil and Political Rights also promises a right to liberty and security of the person.  The Anti-Terrorism Act undermines the Philippine Constitution and international law by including a provision that allows for detention without a judicial warrant of arrest.  The Philippine Constitution grants the authority to issue warrants of arrests only to judges, and the proposed bill gives a purely executive, non-independent Anti-Terrorism Council the power to authorize warrantless arrests of persons suspected of terrorism.

The Anti-Terrorism Act Creates Chilling Effect on the Exercise of Freedoms of Speech, of Expression, and of Peacable Assembly

The Anti-Terrorism Act threatens freedom of expression and freedom of association by providing a broad definition of terrorism, which, if left unchecked by a judicial body, could result in the labeling of dissenters as terrorists.  Further, it gives broad authority to the Anti-Terrorism Council to designate an individual or organization as a terrorist or as people engaged in terrorism, arrest individuals, and detain them for up to 24 days without due process of the law. The Anti-Terrorism Act does exempt advocacy, work stoppages, and humanitarian action from the definition of terrorism, but the language of the proposed legislation does not go far enough to ensure the protection of the freedom of expression and association. In the current climate, where activists and journalists are targeted because of their work, we believe that stronger protections for these freedoms are required.  

The Anti-Terrorism Act puts at imminent risk the freedom of speech, as the bill would also make it a criminal offense to “incite others” to commit terrorism “by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end.” FBANC condemns the Anti-Terrorism Act’s chilling effect on the exercise of freedom of speech, compounded by the government-ordered shutdown of the Philippines’ leading broadcast network and the conviction of the Philippine American journalist Maria Ressa of libel. Maria Ressa was one of a group of journalists honored by Time magazine  as Person of the Year in 2018. 

We stand with our sisters and brothers in the Philippines, who hold inviolable the rule of law in executing justice. 

Contact Mari Bandoma Callado, FBANC President maribandoma@fbanc.org and/or Maribeth Charvet FBANC Mentorship Director maribethcharvet@fbanc.org for more information.

FBANC Condemns the Ongoing Racialization and Weaponization of the COVID-19 Pandemic Against the APA Community

July 19, 2020

The Filipino Bar Association of Northern California (“FBANC”) condemns the harmful, xenophobic, and racist rhetoric repeatedly utilized by elected officials against the Asian Pacific American (“APA”) community amid the COVID-19 pandemic.

The ongoing racialization and weaponization of COVID-19, such as references to “Kung-Flu” or the “Chinese Virus,” greatly impacts the emotional, psychological, and physical well-being of those within the APA community, including Filipinx Americans.  Furthermore, the use of racist language by elected officials fuels race-based assaults against individuals within the APA community and serves only to distract from the public health and economic crisis.  

FBANC further condemns the disturbing rise of racist attacks and hate crimes against members of the APA community. These include the race-based tirade and violent threats against an APA woman and man in two separate incidents at Wilson Park in Torrance, California in mid-June, and the racially-motivated rant against an APA family at a restaurant in Carmel Valley, California over the Fourth of July weekend.  

FBANC urges elected officials to end racist COVID-19 related rhetoric and encourages community members to report incidents of discrimination to the Stop AAPI Hate Reporting Center. 

FBANC Statement in Solidarity with the LGBTQ Community

June 16, 2020

The Filipino Bar Association of Northern California (FBANC) applauds the U.S. Supreme Court’s June 15, 2020 ruling on LGBTQ worker protections in Bostock v. Clayton County, Georgia.  In Bostock, the Supreme Court held that Title VII of the Civil Rights Act of 1964, which forbids discrimination “because of sex,” applies to LGBTQ+ employees. This landmark decision extends federal workplace protections for all LGBTQ+ employees who reside in areas where state and local laws do not already prohibit discrimination on the basis of sexual orientation, gender identity and gender expression. 

“While it is important to celebrate the Supreme Court’s landmark decision extending federal workplace protections to LGBTQ+ employees, it is also crucial to stand up against the attack on civil rights that curtail access of members of the LGBTQ+ community to critical health protections,” said Mari Bandoma Callado, President of FBANC. 

Since its inception, FBANC has championed diversity within the legal profession and for the community it serves. As leaders in our community, we hold a continued commitment to fight against bigotry and intolerance.  FBANC will not stand idly by when members of our community are denied basic human rights and healthcare.   FBANC stands against a new U.S. Department of Health and Human Services administrative rule enacted on June 12, 2020, which narrows the legal definition of sex discrimination in the Affordable Care Act, omitting protections for queer and transgender people, as well as those who are seeking to or have had an abortion.

FBANC stands in solidarity with the LGBTQ community especially in the midst of this pandemic when communities are most vulnerable. This most recent attack on LGBTQ rights was instituted specifically during Pride Month (June), and on the fourth anniversary of the Pulse Nightclub massacre, an incident involving the death of 49 victims, including queer and transgender individuals.  FBANC urges you to donate and support reputable organizations in the fight against the erasure of LGBTQ rights.  

Contact Mari Bandoma Callado, FBANC President maribandoma@fbanc.org and/or FBANC Vice President and LGBT Committee Chair Raymond Rollan raymondrollan@fbanc.org for more information and/or to join FBANC’s LGBTQ Committee.

FBANC Statement in Support of DACA

June 19, 2020

The Filipino Bar Association of Northern California (FBANC) celebrates the U.S. Supreme Court’s June 18, 2020 decision allowing the continuation of the Deferred Action for Childhood Arrivals (DACA) program. “This is a great victory not just for Dreamers and their families, but also for our community as a whole,” said Mari Bandoma Callado, President of FBANC.  The Supreme Court’s holding in The Department of Homeland Security v. Regents of Univ. of Cal., consolidated with Trump v. NAACP and Wolf v. Vidal temporarily protects 650,000-700,000 immigrants, the “Dreamers”, from deportation. While this reprieve for Dreamers is a welcome victory, the fight for justice and inclusion is far from over. 

In a 5-4 majority opinion written by Chief Justice John G. Roberts Jr., the Court held that the Trump administration may not proceed with its plan to end the DACA program. The majority opinion emphasizes that the administration procedurally failed to provide an adequate reason to justify ending the program, but it also allows the Trump administration to renew its attempt to disband the DACA program.  

President Obama issued an executive order in 2012 that created the DACA program, thereby providing temporary protection for individuals who entered the United States as children. Such an order was relied upon by thousands of Dreamers who emerged from the shadows to pursue educational degrees, begin careers and start businesses, purchase homes, and marry. FBANC recognizes the immoral and cruel impact caused by threats of the abolition of DACA, which to date still offers no pathway to citizenship for these Dreamers.  

FBANC stands with the entire immigrant community, including our Filipinx-American brothers and sisters who live in constant fear of deportation from their home – the United States of America.  FBANC urges you to continue fighting against these illegal and immoral attacks upon Dreamers who are here to stay.   FBANC’s prior statement supporting the continuation of DACA program can be found here.

FBANC Supports CA ACA 5 and the Repeal of of Prop 209

June 18, 2020

FBANC signed on to this letter, joining SF Bay Area organizations including Asian Americans Advancing Justice-Asian Law Caucus, AABA (the Asian American Bar Association), and East Bay La Raza, in support of the Opportunity for All campaign and ACA 5, proposed legislation that would repeal Proposition 209.

Join FBANC in standing up for our values against racism and intolerance by filling out this form.

FBANC Statement in Support of BLM

June 1, 2020

The Filipino Bar Association of Northern California stands against the systematic racism and oppression experienced in this country. Our Filipinx history is tied to the struggles of the Black community, and our ability to live, thrive, and be citizens of this country is made possible by the triumphs won by our Black brothers and sisters. 

We support the pursuit for social justice through activism and education during these challenging times and are here to stand in unity with the Black community against racism and police brutality.

FBANC urges you to donate to reputable organizations to rebuild these communities torn by riots and protest, and to advance social justice.