B-131882, MAY 28, 1964

B-131882, MAY 28, 1964

TO MR. JOSE JANEO:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 20, 1964, IN REGARD TO YOUR CLAIM, INCIDENT TO SERVICE AS A MEMBER OF THE PHILIPPINE SCOUTS, FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR YOUR DEPENDENT MOTHER. YOU SAY THE PERIOD OF YOUR CLAIM BEGINS WITH THE DATE OF YOUR PROMOTION TO STAFF SERGEANT IN JULY 1947 AND CONTINUES TO THE DATE OF YOUR DISCHARGE ON APRIL 28, 1949. YOU SENT WITH THAT LETTER FOUR RECEIPTS--- THE FIRST DATED DECEMBER 30, 1946, THE SECOND DATED DECEMBER 30, 1947, THE THIRD DATED DECEMBER 39, 1948, AND THE FOURTH DATED DECEMBER 30, 1949--- WHICH PURPORT TO SHOW THAT FOR THE YEARS 1946, 1947, 1948, AND 1949, YOUR MOTHER, MRS. ANGELICA G. JANEO, PAID TO ISA-AC CASTANOS THE SUM OF 960 PHILIPPINE PESOS ANNUALLY (OR 80 PHILIPPINE PESOS MONTHLY) AS PAYMENT FOR THE RENTAL OF A HOUSE. YOU SAY THAT YOU BELIEVE SUCH RECEIPTS ARE SUFFICIENT EVIDENCE TO WARRANT THE REOPENING AND PAYMENT OF YOUR CLAIM.

IN OUR SETTLEMENT OF MAY 28, 1951, WHICH DISALLOWED YOUR CLAIM FOR MONETARY ALLOWANCE IN LIEU OF QUARTERS FOR YOUR DEPENDENT MOTHER FOR THE PERIOD FROM JANUARY 30, 1948, TO APRIL 28, 1949, WE POINTED OUT THAT, WHILE ENLISTED MEMBERS OF THE PHILIPPINE SCOUTS WHO WERE COVERED BY THE REGULATIONS THEN IN EFFECT MIGHT QUALIFY FOR SUCH AN ALLOWANCE, THE AMOUNT THEREOF WAS RESTRICTED TO THE AMOUNT OF THE ACTUAL EXPENSES INCURRED BY SUCH A MEMBER FOR THE LODGING OF HIS MOTHER,"NOT TO EXCEED 65 CENTS PER DAY," AND THAT YOUR MOTHER'S AFFIDAVIT DATED DECEMBER 29, 1950, DID NOT SHOW THAT YOU HAD EXPENDED ANY AMOUNT FOR HER LODGING FOR THE PERIOD FROM JANUARY 30, 1948, TO APRIL 28, 1949. THE SETTLEMENT OF MAY 28, 1951, WAS SUSTAINED IN OUR DECISION OF AUGUST 1, 1957, FOR THE REASON THAT YOU HAD FURNISHED NO EVIDENCE THAT YOU HAD EXPENDED ANY AMOUNT FOR YOUR MOTHER'S LODGING FOR THE PERIOD FROM JANUARY 30, 1948, TO APRIL 28, 1949.

WITH YOUR LETTER OF JANUARY 14, 1958, YOU FURNISHED A SECOND AFFIDAVIT EXECUTED BY YOUR MOTHER AND DATED JANUARY 11, 1958, IN WHICH SHE STATED THAT WHILE YOU WERE SERVING IN THE PHILIPPINE SCOUTS YOU SENT REGULARLY A "CERTAIN AMOUNT" TO HELP DEFRAY HER EXPENSES FOR YOUR YOUNGER BROTHERS AND SISTERS WHO WERE AT HOME AND TO PAY THE RENTAL OF THE HOUSE THEN OCCUPIED, WHICH RENTAL WAS STATED TO HAVE BEEN IN THE AMOUNT OF 40 PHILIPPINE PESOS PER MONTH. YOU STATED IN YOUR LETTER OF JANUARY 14, 1958, THAT IN THE RURAL AREA IN WHICH YOUR MOTHER LIVED IT WAS NOT THE PRACTICE OF HOUSE OWNERS TO ISSUE RECEIPTS FOR RENTAL PAYMENTS. WE ADVISED YOU IN OUR DECISION OF APRIL 25, 1958, THAT SUCH AFFIDAVIT, EXECUTED LONG AFTER THE EVENTS REFERRED TO THEREIN, WAS NOT CONSIDERED AS ACCEPTABLE EVIDENCE OF THE AMOUNTS EXPENDED BY YOUR MOTHER FOR LODGING AND FURTHER THAT, SINCE IT WAS SET FORTH IN THE AFFIDAVIT THAT SHE HAD SOME INCOME FROM THE SALE OF LEAF TOBACCO, IT WAS NOT POSSIBLE TO DETERMINE WHAT PORTION OF THE MONTHLY RENTAL WAS PAID FROM YOUR CONTRIBUTIONS. ALSO, AFTER REFERRING TO THE FACT THAT IT WAS SHOWN IN THE EARLIER AFFIDAVIT THAT YOUR MOTHER'S HOUSEHOLD DURING THE PERIOD INVOLVED CONSISTED OF A FAMILY OF EIGHT, WE STATED THAT EVEN IF IT WERE OTHERWISE PROPERLY ESTABLISHED THAT THE ENTIRE AMOUNT OF THE ALLEGED MONTHLY RENTAL OF 40 PHILIPPINE PESOS WAS PAID FROM YOUR CONTRIBUTIONS, SINCE SUCH PAYMENTS APPARENTLY WERE FOR THE ENTIRE HOUSEHOLD, ONLY ONE-EIGHTH OF THE AMOUNT COULD BE CONSIDERED AS HAVING BEEN PAID FOR LODGING FOR YOUR MOTHER. IN OTHER WORDS, EVEN IF THE AFFIDAVIT HAD BEEN OTHERWISE ACCEPTABLE, IT DID NOT FURNISH A BASIS FOR DETERMINING THE AMOUNT YOU EXPENDED FOR YOUR MOTHER'S LODGING.

WE DO NOT FIND IN THE RECEIPTS SUBMITTED WITH YOUR LETTER OF FEBRUARY 20, 1964, ANYTHING WHICH COULD BE CONSIDERED AS EVIDENCE THAT YOU EXPENDED ANY AMOUNTS FOR THE LODGING OF YOUR MOTHER DURING THE PERIOD INVOLVED. WE DO FIND, HOWEVER, THAT SINCE SUCH RECEIPTS PURPORT TO SHOW THAT YOUR MOTHER PAID RENT AT A MONTHLY RATE OF 80 PHILIPPINE PESOS FOR THE PERIOD COVERED BY YOUR CLAIM, THEY ARE AT VARIANCE WITH YOUR MOTHER'S STATEMENT IN THE AFFIDAVIT DATED JANUARY 11, 1958, THAT SHE PAID A MONTHLY RENT OF 40 PHILIPPINE PESOS FOR SUCH PERIOD. THE RECEIPTS DO NOT, THEREFORE, FURNISH A BASIS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM. FURTHERMORE, YOUR CLAIM FOR ANY PERIOD PRIOR TO JANUARY 30, 1948, IS A NEW CLAIM AND, EVEN IF IT WERE OTHERWISE PROPER FOR PAYMENT, IT IS BARRED BY THE PROVISIONS OF THE ACT OF OCTOBER 9, 1940, CH. 788, 54 STAT. 1061, BECAUSE IT WAS NOT RECEIVED IN THE GENERAL ACCOUNTING OFFICE WITHIN 10 FULL YEARS AFTER THE DATE SUCH CLAIM FIRST ACCRUED.