Cornelio R. Besinga v. United States of America U.S. Attorney General's Office

Appellant Cornelio Besinga, a World War II veteran from the Philippines who now lives in California, brought this action seeking a declaration that the First Supplemental Surplus Appropriation Rescission Act of 1946, Pub.L. 79-301, 60 Stat. 6, is unconstitutional. Because the Act gives veterans of the Philippine military who fought under the direction of the United States only a fraction of the benefits given veterans of the United States military, Besinga claims that it deprives him of his due process and equal protection rights under the Fifth Amendment. The district court dismissed the action on the ground that Besinga’s claim was barred by the prior adjudication of a class action in which he was represented. We affirm.

In Filipino American Veterans and Dependents Ass’n v. United States, 391 F.Supp. 1314 (N.D.Cal.1974), a class of World War II veterans from the Philippines challenged the constitutionality of 38 U.S.C. § 107 , which declared that their service was not “active military service” for purposes of benefit payments. The plaintiffs claimed that the law deprived them of due process and equal protection. The court rejected their claims, holding that the veterans had no…