By Col.(Ret.US) Frank Quesada Former Committee Secretary
BALITANG BETERANO
By Col.(Ret.US) Frank Quesada Former Committee Secretary
Veterans and Military Pensions
Associate, PMA ‘44
FILIPINOS AS U.S.SOLDIERS
IN THE U.S. ARMED FORCES
I am herewith clarifying the misimpression about the legal status of Filipino-Americans who fought America’s war against Japan in World War-II.
Wrong Impression
Such misimpression have led those destitute of knowledge that Fil-Am U.S servicemen were mercenaries who fought under the U.S flag and ere not entitled to any and all the compensation and benefits they earned in battles of WW-II.
This treatise will correct such discriminating perception and wring conclusion that Fil-Am U.S. servicemen were made to fight for, and under the U.S flag under “involuntary servitude,” abhorred by the U.S Constitution and by the American people.
Involuntary Servitude
“Involuntary servitude,” is no less slavery which was never the case in the status of Fil-Am U.S. servicemen conscripted b y the U.S Pres. F. Roosevelt, as the Commander-in-Chief. to fight American’s War. in World War-II in the Pacific
. Historical Background
The Philippines was a Commonwealth of the U.S. after it was ceded by Spain in the conclusion of the Spanish-American War.In other words, the Philippine Island was protectorate of the U.S.
Constitutional Statutory
Provision and Military Order
The U.S Constitution vest upon the U.S. Congress the power to declare war…. to raise and support armies.. to provide and maintain a navy, etc (See:: Article I, Sections 8,11,12 and 13). .
Particularly, Section 11, Section 2(1) states that : tbe President of the U.S. shall be the Commander-in-Chief of the Army and Navy and the militia of several States, when called into actual active military service of the U.S..
Presidential Power
Such power of the President is far-reaching and have been interpreted to include power which may be necessary to wage war effectively. His words ad promises are tantamount to law.
Under the Tydings-McDuffe Act, also known as the Philippine Commonwealth Independence Act (P.D. 127-73rd Congress),signed into law by Pres. F. Roosevelt on March 24, 1934 – the Philippines recognizes, among others, the plight of the U.S. to maintain military and other reservations and armed forces in the Philippines, and upon order of the President to call into the service of the U.S. armed forces all military forces organized by the Philippine Commonwealth government.
Philippine Commonwealth
Barely a month after the inauguration of the Philippine Commonwealth government on November 15, 1935, the Philippine National Assembly enacted , on December 21, 1935, the National Defense Act, (Commonwealth Act NO. 1)
Pres. F. Roosevelt, on July 26, 1941, issued the Military Order. (See below)
“Military Order
“Organized Military Forces of the Commonwealth of the Philippines called into the active military service of the Armed Forces of the U.S.
“Under and by virtue of the authority vested in me by the Constitution of the U.S. by section 2 (a) 912 of the Philippine Independence Act, of March 24, 1934, (45 Stat.475) and by the corresponding provisions of the Ordinance appended, by the Constitution of the Commonwealth of the Philippines, andas Commander-in-Chief of the Army and Navy of the of the U.S. I hereby call a order into the service of the U.S armed forces for the period of the existing emergency, and place under the command of a general officer ; United States Army and Navy , to be designated by the Secretary of War from time to time, all of the organized military forces of the Commonwealth of the Philippines, Provided: that all naval components thereof shall b placed under the command of the Commandant of the Sixteenth Naval District, U.S. Navy.
“This order shall take effect with relation to all u its and personnel of the organized forces of the government forces of the Government of the Commonwealth of the Philippines from and after the days and hours , respectively, indicated in the orders to be issued from time to time by the General Officer, U.S. Army, designated by the Secretary of War.
Signed: Franklin D. Roosevelt”
Military Status of Fil-Am
Servicemen
The above provisions are clear and suffice as to the military status of the Filipino-American as legitimate members of the U.S. Armed Forces. It therefore, clarifies the misconception and deceptions by hired hacks who confuse the public, in order to help retard the payment of wartime-earned compensations and benefits of the Fil-Am U.S. servicemen.
Up until this time of writing, 60 years of governments escape innovation in delaying payment of the full equity claims of Fil-Am World War-II U.S. servicemen.
60 Years of Cruel Hoax
This is the Nth year of formal claims lodged each year to the U.S government of Fil-Am WW-II veterans. Of late, Heaven knows how many bills were filed and refilled in the U.S. Congress and the White House since 1946, there were disregarded and junked by Congress.
Living a Lie
The government’s lame argument that Fil-Am veterans are not members of the U.S. Armed Forces in-spite of Pres. F.Roosevelt’s proclamation by conscription of Filipino-American nationals into the United States Army in the Far East (USAFFE) under the command of Gen. Douglas McArthur was an actual existence of fact, and truth..
There is something putrid and rabid here ! Even the U.S. Supreme Court decided that; to wit:
U.S Supreme Court Decision
“ The Philippines was not a foreign territory within the meaning of the U.S. Constitution and the Commonwealth of the Philippines was under the sovereignty of the United States . The U.S. involved Philippines ina war of the U.S. against Japan, likewise dictated the political and military strategy of the conflict.” (See: U.S. Supreme Court decisions on Insular cases.)
Facts Does Matter
Current inconvertible evidences of facts bearing on the simple issue of jurisdiction or legal power which justifies and vindicates the official action of the U.S President - by conscripting Filipino-Americans into the service of the U.S Army under a Military Order of Pres. F. Roosevelt, as the Comanderr-in-Chief - is also a reality and not should be taken lightly or ignored by Congress
Equalizer of Men
Gen. McArthur said,”War is a great equalizer of men. Every member of my command shall receive equal pay and allowance based on the U.S. Army pay scale regardless of nationality.”
But who was McArthur to the conspirators in Congress? He was a non-entity up in the Hill.
The Notorious Conspiracy
The in February 18, 1946 – the U.S Congress, instantly inserted a dastardly “rider” in the law (the First Supplemental Surplus Appropiation Rescission Act of 1946 – taking away all wartime-earned compensations and benefits (except for two benefits: disability and burial benefits ) for no justification.
It was a conspiracy in Congress that junked the proclamation of Pres. F. Roosevelt when he conscripted the Fil-Am veterans into the USAFFE, and his promises: citizenship and just compensation.
Callous Act of Perfidy
What was so surprising was that shortly after the liberation of the Philippines – it took such a short time for the U.S.to turn its back to the Fil-Am veterans, their widows and orphans the U.S first hostile act of ungratefulness.
In effect of such law, the Rescission Act of 1946, deprived the Fil-Am veterans from the benefits of the Servicemen’s Readjustment Act of 1944 (Public Law 346, approved by the 78th Congress in June 22, 1944.)
Sans Mercy and Compassion
Its effect precluded the Fil-Am veterans, their widows and orphans from hospitalization, educational and loan benefit intended to World War-II veterans after their discharge from military service..
And as if this was not enough, 30,000 (New) Philippine Scouts who were recruited and enlisted into the A.U.S. Armed Forces.under Section 14 of Public Law 190 by the 79th Congress were accorded the same unjust treatment as the USAFFE and Recognized Guerrilla veterans - when the Second Supplemental Surplus Appropiation Rescission Act of 1946, enacted on February 18, 1946.(Public Law 301, 79th Congress).
A Wrongful Act Codified
Such restrictive provisions of said Acts aforementioned above, were consolidated into Section 107, Title 38 - U.S Code Public Law 85-859 in 1958.
6oth Anniversary of the Rescission Act of 1946
As the U.S. and Fil-Am Veterans commemorate Rescission Act anniversary, albeit, also despise this date owing to the repression against Fil-Am WW-II veterans for the last 60 years - of denial of veterans wartime owned unpaid compensation and benefits, such a day is certainly not for joyful celebration.
Black Day in History
In fact it is a black day in the history of this nation. It parallels the extermination of the Jews in Europe. The only difference was - the Fil-Am veterans were not cooked in the ovens of death, but made to suffer and die of old age in want, and disease in their twilight years of 60 years of suffering while their money earned in battles of WW-II are hoarded for solon’s pork and perks.
Subtle Torture through Denial
What was more cruel and hurting was – its manner of pitiless maltreatment under the notorious white-man’s burden against U.S servicemen of color. 0ver 180,000 conscripted by Pres. F. Roosevelt from the original 200,000 that answered the call to the colors, we are now only less than 20,000 indentured survivors of World War-II, who outlived the 60 years of U.S. cruelty through denial of our rightful benefits earned in battles of World War-II.
Intense Aversion, No Stranger We are on the same level of repression of the U.S. Military retirees and veterans also deprived of their faithful active military service pensions and disability benefit, etc..
U.S.military retirees cry out loud against such fraud committed against them, with their voices, and their fists raised against the same cruelty and maltreatment by government who sent them to harm’s way - then only to be handled with abuse, and deliberate neglect.
It is the Almighty dollar which has been the object of government’s universal cupidity. And when it comes to the question of money – powers in government’s has just one religion which is the Green Back.
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