A-55745, DECEMBER 18, 1935, 15 COMP. GEN. 528

A-55745, DECEMBER 18, 1935, 15 COMP. GEN. 528

QUARTERS ALLOWANCE - FOREIGN COMMERCE SERVICE OFFICERS - PHILIPPINE ISLANDS THE NEW COMMONWEALTH GOVERNMENT OF THE PHILIPPINE ISLANDS ESTABLISHED EFFECTIVE NOVEMBER 15, 1935, BY THE PRESIDENT'S PROCLAMATION OF NOVEMBER 14, 1935, IN ACCORDANCE WITH THE ACT OF MARCH 24, 1934 (48 STAT. 456), DID NOT SO ALTER THE RELATIONSHIP BETWEEN THE PHILIPPINE GOVERNMENT AND THE UNITED STATES AS TO AUTHORIZE THE PAYMENT OF ALLOWANCE FOR LIVING QUARTERS, HEAT AND LIGHT TO FOREIGN COMMERCE SERVICE OFFICERS STATIONED IN SAID ISLANDS. SEE 13 COMP. GEN. 441.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF COMMERCE, DECEMBER 18, 1935:

THERE WAS RECEIVED YOUR LETTER OF NOVEMBER 22, 1935, AS FOLLOWS:

REFERENCE IS MADE TO THE ACT OF APRIL 12, 1930 (46 STAT. 163), ALLOWING THE PAYMENT OF ALLOWANCE FOR LIVING QUARTERS, HEAT AND LIGHT, SUBJECT TO LIMITS AND EXCEPTIONS EMBODIED IN THE ACT AND TO SUCH RULES AND REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF COMMERCE, TO OFFICERS IN THE FOREIGN COMMERCE SERVICE OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE STATIONED IN A FOREIGN COUNTRY.

WITH REGARD TO THE INAUGURATION OF THE NEW STATUS OF THE PHILIPPINE ISLANDS AS OF NOVEMBER 15, 1935, YOUR DECISION IS REQUESTED AS TO WHETHER SUCH NEW STATUS JUSTIFIES SUFFICIENT ALTERATION IN ATTITUDE AS PREVIOUSLY EXPRESSED (REFER TO COMPTROLLER'S DECISION A-55745 DATED JUNE 14, 1934) TOWARD THIS TERRITORY AS WILL PERMIT THE CONSIDERATION OF IT AS "FOREIGN" TO THE EXTENT OF PERMITTING THE PAYMENT OF ALLOWANCE FOR LIVING QUARTERS, HEAT AND LIGHT TO FOREIGN COMMERCE OFFICERS OF THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE STATIONED IN THAT TERRITORY.

YOUR EARLY DECISION WILL BE APPRECIATED.

THE PRESIDENT'S PROCLAMATION NO. 2148, DATED NOVEMBER 14, 1935, TERMINATED THE PREVIOUSLY EXISTING PHILIPPINE GOVERNMENT AND ESTABLISHED A GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES, EFFECTIVE NOVEMBER 15, 1935, IN ACCORDANCE WITH THE TERMS OF SECTION 4 OF THE ACT OF MARCH 24, 1934 (48 STAT. 456). WHILE THE FORM OF THE PHILIPPINE GOVERNMENT HAS BEEN CHANGED, INSOFAR AS CONCERNS THE STATUS OF THE OFFICERS OF THE FOREIGN COMMERCE SERVICE, THE RELATIONSHIP BETWEEN THE OLD AND NEW PHILIPPINE GOVERNMENTS AND THE UNITED STATES HAS NOT CHANGED.

THE REASONS SET FORTH IN DECISION OF JUNE 14, 1934 (13 COMP. GEN. 441), FOR THE CONCLUSION THAT OFFICERS OF THE FOREIGN SERVICE STATIONED IN THE PHILIPPINE ISLANDS ARE NOT ENTITLED TO THE BENEFITS OF THE ACT OF JUNE 26, 1930 (46 STAT. 818), MAINTAIN, NOTWITHSTANDING THE CHANGE IN THE FORM OF THE PHILIPPINE GOVERNMENT, AND, ACCORDINGLY, THE QUESTION PRESENTED IS ANSWERED IN THE NEGATIVE.