Re: Veterans' Kin Fights for What's Long Overdue

Date: February 22, 2004

"BALITANG BETERANO: VETS AND COMPULSORY HEIRS BID FOR CITIZENSHIP

NEVADA, USA, February 22, 2004 Culled by Col.(Ret) Frank B.Quesada (Former Senate Committee Secretary, Vets Military Pension Associate, PMA ‘44) Naturalization of veterans and their families who filed for recognition of citizenship are still going on in Federal Courts. With permission of the petitioners and their lawyers, I am herewith reproducing excerpts of the proceedings for the information and guidance of others who may be affected this such case.

In December of 2003, seven petitioners namely: Felicidad F.Rebaja, Nicomedes L. Olayan, Alicia Seril Diso, Rev. Fr.Prisco Intines, Zenaida Manongdo, Jose A. Espiloy and Baltazar T.Dispo filed a complaint for declaratory relief in the U.S. Federal Court of Los Angeles to seek relief on behalf of their families. Relief sought was the granting of U.S. citizenship by virtue of their and their parent’s active military service in the U.S. Armed Forces in the Far East (USAFFE) during World War II. Plaintiff’s attorney, Mr. Abraham L. Lim of his law office drafted the complaint on the basis that at the very least U.S. citizenship was conferred upon Filipino members of the USAFFE when they were conscripted into military service by the U.S. President and during a time period when the Philippines was a territory of the U.S.

According to Atty. Lim, the Constitutional doctrine of territorial incorporation raises the issue that the Philippines and its inhabitants enjoyed certain basic rights under the U.S. Constitution when it was a territory of the U.S. Among the rights enjoyed by the inhabitants of the Philippines was citizenship in accordance with the 14th Amendment of the U.S. Constitution. The complaint essentially asks the Federal Court to recognize US citizenship of those who served in the USAFFE because they took the oath to defend the U.S. Constitution and swore allegiance to the U.S.

Moreover, it also asks the Court to declare that U.S. citizenship is a fundamental right that was conferred to inhabitants of the Philippines from 1902 the time of enactment of the Philippine Government Act to July4, 1946, when the Philippines became an independent nation. It is expected from the Department of Homeland Security which in charge of implementing immigration laws will respond aggressively to the complaint filed by the plaintiffs.

Furthermore, eventual fallout from the plaintiff’s victory ensures that the road to a victorious judgment is fraught with challenges, Nevertheless, the plaintiffs and their lawyers remain confident that justice will somehow prevail.

The lead attorney, Mr. Abraham Lim, is willing to accept a telephone and/or TV personal interviews upon request for details of the issues presented in the case.

Mrs. Felicidad F. Rebaja, is the lead plaintiff-widow of Bataan Death Marcher and Prisoner-of-war for more than six (6) months, who, (the latter) was Naturalized as a U.S. citizen, sometime in 1993 only by reason of conscripted military service as a U.S. national and died two (2) years ago but, very sadly, without any service-connected compensation from the U.S. Veterans Administration. Very invidiously, if not ironically, his elder brother, Col. Mariano Rebaja, also, a Bataan Death Marcher and a prisoner-of-war but released earlier due to serious illness, now enjoys the VA 10% full dollar to dollar ($2,800 + per month) service-connected disability. A serious question of inequity and inequality.

In an interview with Fr. Prisco Entines, said, “It is hoped that this case would deepen our understanding of our commitments to fight the injustice to the end if only justice be served our U.S. nationals unfairly reduced from inherent citizenship. status. “Our Filipino-American U.S. ex-servicemen had truculently been aggravatedly enslaved, denigrated and defrauded for a half-a-century by the very government that sent them to harm’s way and later dishonored.”

Fr. Prisco Intines has been a staunched ally of Fil-Am WW-II veterans since he time I can remember when I was leading my comrades in their bid for citizenship even before the Immigrations Reform Act in 1990. We can both face anyone and say that we never took advantage of any veteran or their compulsory heirs during their bid for naturalization. As a matter of fact, on record, we spent our own personal funds during many years of this crucible. In the same token, Col Mar Rebaja of Los Angeles, whom I have coordinated during those days in facilitating our WW-II comrades deserved gratitude of our comrades who were seeking their rightful citizenship honorable and active military service to Uncle Sam. He also sacrificed for our comrades so they could harvest the fruits of labor and property for freedom and democracy.- in WW-II. This struggle for justice and fairness from the U.S. by Fil-Am veterans of WW-II marks a dark era of the U.S. history of discrimination against us under racial and economic differentiation against Filipino-American war veterans.

God save this nation !

mailto:frankquesada_1@juno.com
Reported by: Sol Jose Vanzi

©2003  by PHILIPPINE HEADLINE NEWS "