Entines v. United States

39 Fed. Cl. 673, 1997 U.S. Claims LEXIS 293, 1997 WL 780913
CourtUnited States Court of Federal Claims
DecidedDecember 16, 1997
DocketNo. 96-740C
StatusPublished
Cited by40 cases

This text of 39 Fed. Cl. 673 (Entines v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Entines v. United States, 39 Fed. Cl. 673, 1997 U.S. Claims LEXIS 293, 1997 WL 780913 (uscfc 1997).

Opinion

OPINION

MARGOLIS, Judge.

Plaintiffs, Filipino veterans who fought under United States command during World War II or their survivors, have sued the United States for back pay, just compensation under the Fifth Amendment, and breach of express or implied-in-fact contracts. The case is currently before the Court on the government’s motion to dismiss plaintiffs’ complaint pursuant to Rule of the Court of Federal Claims (“RCFC”) 12(b)(1). The government argues that the applicable statute of limitations bars plaintiffs’ claims. Plaintiffs respond that the Court should toll the limitations period such that their claims would be timely. In the alternative, plaintiffs argue that the continuing claims doctrine is applicable, which, if true, would rescue some of their claims from the government’s motion. The Court concludes that each of plaintiffs’ claims accrued more than six years before they filed this suit, that plaintiffs have not established that tolling the statute of limitations is appropriate, and that the continuing claims doctrine is not applicable to the facts at issue. Plaintiffs’ claims, therefore, are barred by the applicable six-year statute of limitations. Accordingly, the government’s motion to dismiss is granted.

FACTS

At the conclusion of the Spanish-American War in 1898, Spain ceded the Philippine Islands to the United States. See Treaty of Paris, Dec. 10, 1898, U.S.-Spain, 30 Stat. 1754, 1759. On March 24, 1934, Congress passed the Philippine Independence Act, which provided that the Philippines would become a self-governing nation on July 4, 1946. See Pub.L. No. 73-127, § 10(a), 48 Stat. 456, 463 (1934). In 1935, as permitted by the Act, the Philippines adopted a constitution, organized a new government, and created the Philippine Army. Section 2(a)(12) of the Independence Act, however, contained a provision that permitted the president of the United States “to call into the service of [United States] armed forces all military forces organized by the Philippine government.” Philippine Independence Act of 1934, § 2(a)(12).

Prior to American entry into World War II, then President Franklin D. Roosevelt exercised his authority under section 2(a)(12) of the Act. In July 1941, the President issued the following military order:

I hereby call and order into the service of the armed forces of the United States for the period of the existing emergency, and place under the command of a General Officer, United States Army, ... all of the organized military forces of the Government of the Commonwealth of the Philippines —

3 C.F.R. 1307 (1941). After the Japanese attack on Pearl Harbor, General Douglas MaeArthur, commander of the United States Armed Forces in the Far East, was given authority over Philippine soldiers then under United States command. See Quiban v. Vet[677]*677erans Admin., 928 F.2d 1154, 1157 (D.C.Cir. 1991).

Although Philippine and American soldiers fought alongside one another during the Japanese invasion of the Philippines, and although the United States paid the wages of both, their rate of pay was never the same. See Filipino Am. Veterans & Dependents Ass’n v. United States, 391 F.Supp. 1314, 1317 (N.D.Cal.1974). Apparently, General MacArthur and other members of the War Department initially supported pay equalization. See Quiban, 928 F.2d at 1157. The first of two significant attempts to effect such occurred in 1942. Legislation equalizing the pay of American and Philippine soldiers, supported by the War Department, passed the Senate and was reported upon favorably by a House committee. See S. 2387, 77th Cong. (1942); H.R.Rep. No. 77-2078 (1942). This legislation, however, never became law. According to plaintiffs, after the fall of Bataan and Corregidor, and the corresponding “decimation” of the Philippine Army, the United States decided that pay equalization was no longer useful. The legislation was allowed to die in Congress. The second attempt occurred shortly after American reentry into the Philippines in October 1944, when the President of the Philippines issued an executive order raising the pay scale of soldiers in the Philippine Army to levels then prevailing for United States military personnel. See Quiban, 928 F.2d at 1157. The United States never implemented this change. See id.

In 1946, the First Supplemental Surplus Appropriation Rescission Act became law. See Pub.L. No. 79-301, 60 Stat. 6 (1946). This Act restricted the availability of certain veteran benefits to Philippine soldiers who fought under United States command in World War II. As currently codified, the Act provides:

Service before July 1, 1946, in the organized military forces of the Government of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by ... competent authority in the Army of the United States, shall not be deemed to have been active military, naval, or air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the Armed Forces,

except with respect to certain benefits not at issue in this case.1 38 U.S.C. § 107(a). The effect § 107(a) was to deny veteran benefits to those who served under United States command while in the Philippine military, because eligibility for veteran benefits is dependent upon “veteran” status, and veteran status requires service “in the active military, naval, or air service.” 38 U.S.C. § 101(2); see Quiban, 928 F.2d at 1158 n. 7. In addition, § 107(a) reduced by fifty percent those service-related benefits that Filipino veterans could receive. See 38 U.S.C. § 107(a).

Plaintiffs here are Filipino World War II veterans or their survivors. Eleazar P. An-doque served initially with the Philippine Army and later with recognized guerrilla forces. Rev. Fr. Prisco E. Entines is the son of Enrique Hapa Entines, who died while serving with the Philippine Army guerrilla forces. Olympia A. Saarenas is the widow of Renato F. Saarenas, who also served with the Philippine Army guerrilla forces. Plaintiffs’ suit, filed on November 22, 1996, is grounded in three theories: (1) claims for back pay based upon the difference between wages paid to American soldiers and those paid to Filipino soldiers during World War II; (2) takings claims based upon 38 U.S.C. § 107(a) and its effective denial of veteran benefits to former members of the Philippine Army; and (3) claims for breach of express or implied-in-fact contracts for military services between the United States and members of the Philippine Army during World War II.

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Bluebook (online)
39 Fed. Cl. 673, 1997 U.S. Claims LEXIS 293, 1997 WL 780913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/entines-v-united-states-uscfc-1997.