B-130429, FEB. 5, 1957
Highlights
LEONICA REYES: REFERENCE IS MADE TO YOUR LETTER. YOUR CLAIM WAS DISALLOWED BY THE CLAIMS DIVISION OF OUR OFFICE BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE OF ITS FIRST ACCRUAL. THE EXACT DATE IS NOT CLEAR. THAT FILING IS. THE CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL MARCH 15. A COPY OF WHICH IS ENCLOSED. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED. WE REGRET THAT WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.
B-130429, FEB. 5, 1957
TO MRS. LEONICA REYES:
REFERENCE IS MADE TO YOUR LETTER, DATED DECEMBER 22, 1956, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF SEPTEMBER 26, 1956, WHICH DISALLOWED YOUR CLAIM FOR AMOUNTS ALLEGED TO BE DUE YOUR LATE HUSBAND, FELIX REYES, FOR FIREWOOD, PORK, AND CASH BOND FURNISHED TO THE DEPARTMENT OF THE ARMY, QUARTERMASTER CORPS, FORT WILLIAM MCKINLEY, MAKATI, RIZAL.
YOUR CLAIM WAS DISALLOWED BY THE CLAIMS DIVISION OF OUR OFFICE BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE OF ITS FIRST ACCRUAL, AS PROVIDED FOR BY THE ACT OF OCTOBER 9, 1940, 54 STAT. 1061.
THE CLAIM FIRST ACCRUED DURING THE LATTER PART OF THE YEAR 1941. THE EXACT DATE IS NOT CLEAR. SUBSEQUENTLY, YOUR DECEASED HUSBAND APPARENTLY FILED A CLAIM WITH THE CONTRACT CLAIMS COMMISSION ON THE SIXTH DAY OF JUNE 1945. THAT FILING IS, UNFORTUNATELY, OF NO FORCE AND EFFECT TO TOLL THE STATUTE OF LIMITATIONS. THE CLAIM WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE UNTIL MARCH 15, 1956.
THE ACT OF OCTOBER 9, 1940, A COPY OF WHICH IS ENCLOSED, PROVIDES--- SO FAR AS MATERIAL HERE--- THAT "EVERY" CLAIM OR DEMAND AGAINST THE UNITED STATES COGNIZABLE BY THE GENERAL ACCOUNTING OFFICE "SHALL BE FOREVER BARRED UNLESS SUCH CLAIM * * * SHALL BE RECEIVED IN SAID OFFICE WITHIN TEN FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.' THE ONLY EXCEPTION RELATES TO PERSONS IN THE MILITARY SERVICE.
UNDER THE ABOVE-QUOTED PROVISIONS OF THE STATUTE, A CLAIM MUST BE "RECEIVED" IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME PROVIDED TO BE ENTITLED TO CONSIDERATION. THE FILING OF A CLAIM WITH ANOTHER DEPARTMENT OR AGENCY OF THE GOVERNMENT DOES NOT SATISFY THE REQUIREMENTS OF THE STATUTE. IT FOLLOWS THAT SINCE YOUR CLAIM WAS NOT RECEIVED IN OUR OFFICE WITHIN TEN YEARS FROM THE DATE IT FIRST ACCRUED, THE CLAIMS DIVISION HAD NO ALTERNATIVE BUT TO RETURN IT TO YOU, TOGETHER WITH A COPY OF THE BARRING ACT, AS PROVIDED BY SECTION 2 OF THE STATUTE.
ACCORDINGLY, UNDER THE CIRCUMSTANCES, WE REGRET THAT WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.