B-153955, DEC. 28, 1954
Highlights
TO MISS LUCIA ROXAS: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 5. WHOSE DEATH WAS ESTABLISHED ON NOVEMBER 11. WHILE APPRECIATING YOUR FEELINGS IN THIS MATTER WE TRUST YOU WILL UNDERSTAND THAT UNDER GOVERNING LAW. - WE MAY NOT CONSIDER ANY CLAIM WHICH IS NOT RECEIVED HERE WITHIN 10 YEARS AFTER THE DATE OF ITS ACCRUAL. SINCE YOUR CLAIM WAS RECEIVED HERE ON A DATE MORE THAN 10 YEARS AFTER THE ACCRUAL OF THE CLAIM (10 YEARS AFTER NOVEMBER 11. THE DATE ON WHICH THE DEATH OF YOUR FATHER WAS ESTABLISHED) WE ARE WITHOUT LEGAL AUTHORITY TO CONSIDER IT ON ITS MERITS REGARDLESS OF CIRCUMSTANCES. THE FACT THAT THE CLAIM MAY HAVE BEEN TIMELY PRESENTED TO SOME OTHER GOVERNMENT DEPARTMENT OR AGENCY IS IMMATERIAL FOR PURPOSES OF THAT ACT.
B-153955, DEC. 28, 1954
TO MISS LUCIA ROXAS:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 5, 1964, AGAIN REQUESTING FAVORABLE CONSIDERATION OF YOUR CLAIM FOR THE 6-MONTHS' DEATH GRATUITY IN THE CASE OF YOUR LATE FATHER, CONSTANCIO ROXAS, PRIVATE FIRST CLASS, PHILIPPINE SCOUTS, WHOSE DEATH WAS ESTABLISHED ON NOVEMBER 11, 1945.
WHILE APPRECIATING YOUR FEELINGS IN THIS MATTER WE TRUST YOU WILL UNDERSTAND THAT UNDER GOVERNING LAW--- THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061, 31 U.S.C. 71A--- WE MAY NOT CONSIDER ANY CLAIM WHICH IS NOT RECEIVED HERE WITHIN 10 YEARS AFTER THE DATE OF ITS ACCRUAL. SINCE YOUR CLAIM WAS RECEIVED HERE ON A DATE MORE THAN 10 YEARS AFTER THE ACCRUAL OF THE CLAIM (10 YEARS AFTER NOVEMBER 11, 1945, THE DATE ON WHICH THE DEATH OF YOUR FATHER WAS ESTABLISHED) WE ARE WITHOUT LEGAL AUTHORITY TO CONSIDER IT ON ITS MERITS REGARDLESS OF CIRCUMSTANCES. THE FACT THAT THE CLAIM MAY HAVE BEEN TIMELY PRESENTED TO SOME OTHER GOVERNMENT DEPARTMENT OR AGENCY IS IMMATERIAL FOR PURPOSES OF THAT ACT. WE SO ADVISED YOU IN OUR PRIOR DECISIONS OF MAY 14, JUNE 30, AUGUST 19 AND OCTOBER 20, 1964. ALSO, WE ADVISED YOU IN OUR DECISION OF OCTOBER 20, 1964, THAT INASMUCH AS THE LAW BARS CONSIDERATION OF YOUR CLAIM, FURTHER CORRESPONDENCE RELATING TO THIS MATTER WILL SERVE NO USEFUL PURPOSE. ACCORDINGLY, ANY FURTHER CORRESPONDENCE RECEIVED FROM YOU CONCERNING THIS CLAIM WILL BE FILED WITHOUT REPLY.