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Historical and Legal Analyses in Support of the Extension of U.S

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Historical and Legal Analyses in Support of the Extension of U.S Equity Denied: Historical and Legal Analyses in Support of the Extension of U.S. Veterans' Benefits to Filipino World War II Veterans Michael A. Cabotajet FilipinoArmy veterans played an essentialrole in the United States' vic- tory in the Pacific during World War II. Although their contributions to this effort were recognized by the President and Congress, these indi- viduals have been denied the promised right to veterans' benefits. The author presents the historical context behind the promulgation of 38 US.C. § 107, the key legislation that denied Filipino World War II veter- ans their benefits. The author explains the judicialreasoning which held §107 constitutional and argues that given the body of discriminatory case law which has been developed, the denial of benefits to the Filipino veterans is unjust and warrantsreconsideration. INTRODUCTION PhilippineArmy veterans are nationals of the United States and will con- tinue in that status until July 4, 1946. They fought, as American Nation- als, under the American flag, and under the direction of our military leaders. They fought with gallantry and courage under most difficult conditions during the recent conflict. Their officers were commissioned by us. Their official organization, the Army of the Philippine Common- wealth, was taken into the Armed Forces of the United States by executive order of the president of the United States on July 26, 1941. That order has never been revoked or amended I consider it a moral obligation of the UnitedStates to look after the wel- fare of the PhilippineArmy veterans. -President Harry S. Truman, February 20, 1946' t J.D. University of California, Berkeley School of Law (Boalt Hall), 1998. Special thanks to Professor Stephen Sugarman for his advice and suggestions throughout this project. 1. President Harry S. Truman, Statement by the President Concerning Provisions in Bill Af- fecting PhilippineArmy Veterans, PUB. PAPERS 124 (Feb. 20, 1946). ASIAN LAWJOURNAL [Vol. 6:67 The courage, sacrifice, and loyalty of World War II Filipino soldiers were certainly crucial to the United States' victory in the war against the Japanese. Called into service of the United States Armed Forces in the Far East (USAFFE) by Military Order by President Franklin D. Roosevelt on July 26, 1941, military forces of the Philippines fought courageously both to defend the United States' flag and to procure the independence of their mother country, the Philippines. These soldiers from the then-U.S. Terri- tory undoubtedly deserve appreciation and recognition from the U.S. for defending the ideals of democracy and liberty. In the summer of 1996, both the House and the Senate sought to ac- knowledge the importance of the Philippine soldiers and civilians who helped in the effort by unanimously approving a Concurrent resolution. The Resolution urged the President to make a Proclamation that would recognize and honor the Filipino veterans for their wartime service.2 Sub- sequently, on October 17, 1996, President Clinton signed a Proclamation honoring the Filipino veterans and thanking them for their contributions to 3 the fight for freedom during World War I1. Despite this recognition and honor bestowed upon these Filipino World War II veterans, the United States government has denied them one important right given to everyone else who has served the United States in the active military-namely, the right to veterans' benefits. Today, the Filipino veterans claim that the United States government promised them pay and benefits for their voluntary military service under the U.S. Armed Forces and for their oath of allegiance to the Constitution of the United States.4 Soon after the war ended, the 79th Congress, 2. The Concurrent Resolutions by the U.S. Congress said that Filipino World War 11 veterans should be recognized and honored "for their defense of democratic ideals and their important contri- bution to the outcome of World War II." H.R. Con. Res. 191, 104th Cong. (1996) (enacted); See also, S. Con. Res. 64, 104th Cong. (1996) (enacted). 3. President Clinton said in his proclamation: During the dark days of World War II, nearly 100,000 soldiers of the Philippine Common- wealth Army provided a ray of hope in the Pacific as they fought along side the United States and Allied forces for 4 long years to defend and reclaim the Philippine Islands from Japanese aggression. Thousands more Filipinos joined U.S. Armed Forces immediately af- ter the war and served in occupational duty throughout the Pacific Theater. For their ex- traordinary sacrifices in defense of democracy and liberty, we owe them our undying grati- tude. Valiant Filipino soldiers fought, died, and suffered in some of the bloodiest battles of World War II, defending beleaguered Bataan and Corregidor, and thousands of Filipino prisoners of war endured the infamous Bataan Death March and years of captivity. Their many guer- illa actions slowed the Japanese takeover of the Western Pacific region and allowed the U.S. forces the time to build and prepare for the allied counterattack on Japan. Filipino troops fought side-by-side with the U.S. forces to secure their island nation as the strategic base from which the final effort to defeat Japan was launched. Proclamationby PresidentClinton HonoringFilipino Veterans, U.S. Newswire, Oct. 18, 1996, avail- able in LEXIS, News Groupfile Beyond Two Years. 4. Apparently, the Filipino veterans heard of these promises through news report, saying that President Roosevelt and General Douglas MacArthur intended to repay them with the same compen- sation and benefits given to American men and women with whom they fought side by side in the 1999] EXTENSION OF BENEFITS TO FILIPINO VETERANS through the Rescission Acts of 1946, which are nowcodified in 38 U.S.C. § 107, took away the benefits and recognition earned by the Filipino World War II veterans. The Rescission Acts mandated that service performed by the Philippine military forces, while such forces were in the service of the Armed Forces of the United States, shall not be deemed active service for purposes of diverse veterans' benefits programs. 5 As a result, several United States veterans' benefits-namely pension, medical, and burial benefits-are statutorily unavailable to most Filipino World War II veter- ans, even though all other veterans who similarly served under the U.S. flag enjoy the full range of benefits provided by the Veterans Administra- tion. Today, about 28,000 Filipino veterans have been naturalized and cur- rently live in the United States.6 Many of them came to this country over the last seven years as a result of the Immigration Reform Act of 1990, which specifically made the Filipino veterans eligible for American citi- zenship. 7 Looking for a better life and better opportunities in the United States, the veterans may possibly have believed that after getting their citi- zenship, they would naturally get their deserved veterans' benefits. 8 They were naively mistaken. Without these benefits, many of the Filipino vet- erans living in America are destitute and live in poor conditions. 9 Philippines. Informal conversations with American military commanders also led many Filipino sol- diers to believe that they were promised full veterans' benefits upon completion of their services with the U.S. military. See Interview with Vicente L. Eugenio, Filipino World War II veteran, in San Fran- cisco, Cal. (Mar. 4, 1998). However, those who oppose the Filipino veterans' right to benefits claim that these news accounts about promises of full U.S. veterans' benefits being made to Filipino veter- ans are unsubstantiated, despite the best-faith efforts of the Veterans Affairs Committee to find docu- mentation. Bob Stump, Filipino Vets and Fairness,WASH. PoST, Jan. 28, 1998, at A17. Francisco Ortigas, Jr., in his essay "The Filipino Veteran of the United States Army," had this to say about these about the alleged promises: "Before the war ended, responsible Americans had promised the exten- sion of veteran benefits to Filipino soldiers fighting under the United States Army. Those promises, even if not legally binding on the Government of the United States, should be kept because they were made in good faith by American officials and were likewise accepted in good faith by the Filipino people." 93 CONG. REc. A1835, A1837 (1947) (extension of remarks of Rep. Edward J. Devitt on "Filipino Veterans of the United States Army"). In this paper, I focus not on the alleged promises, but rather on the issues of equity and the equal treatment of Filipino veterans. 5. See 38 U.S.C. §107(a) (1998). 6. See Gil Griffin, Warriors Still: Filipino Veterans Who Served Side-By-Side With American Forces in World War 1I Now Battlefor Full MilitaryService Benefits, SAN DIEGO UNION-TRiB., Feb. 1, 1998, at D1. About 42,000 other Filipino World War II veterans live in the Philippines, a third of whom have U.S. naturalization cases pending. See id. For purposes of this note, however, I will focus mainly on the Filipino veterans in the United States. 7. Benjamin Pimentel, Dreaming of Home, S.F. CHRON., Dec. 14, 1997, at ZI. 8. Griffin, supra note 6. The Filipino veterans, when Congress granted them eligibility for American citizenship through the 1990 Immigration reform Act, came to the United States with "starry-eyed ideas," with the hope they would be duly compensated. Many obstacles contributed to these misguided ideas. For one thing, many of them are not highly educated and do not know how the United States Congress or bureaucracy works. Possibly, they were given inaccurate information about the immigration process. See id. 9. Once they came to the United States and realized that they might not get compensated for their wartime service, their inability to comprehend the U.S. bureaucracy, added to their financial in- ASIAN LAW JOURNAL [Vol.
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