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B-113925, JAN. 25, 1960

B-113925 Jan 25, 1960
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IGNACIO FALLORAN: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 25. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR A REVIEW OF A SETTLEMENT OF MAY 8. YOU WERE ADVISED THAT THE OFFICIAL REPORT OF DEATH OF YOUR BROTHER SHOWS THAT HE DESIGNATED AS HIS BENEFICIARIES BOTH YOU AND DOMINGA FALLORAN. THAT SHE ALLEGES SHE IS THE NATURAL CHILD OF THE DECEDENT AND RUPERTA DOMINGO. YOU WERE FURTHER ADVISED THAT IN VIEW OF SUCH DESIGNATION AND THE CONFLICTING EVIDENCE SUBMITTED BY YOU AND BY DOMINGA FALLORAN AS TO WHETHER OR NOT SHE IS THE NATURAL DAUGHTER OF THE DECEDENT AND RUPERTA DOMINGO. THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM IN THE ABSENCE OF A DETERMINATION BY A COURT OF COMPETENT JURISDICTION THAT DOMINGA FALLORAN IS NOT A NATURAL DAUGHTER OF THE DECEDENT.

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B-113925, JAN. 25, 1960

TO MR. IGNACIO FALLORAN:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 25, 1959, TO THE CHIEF, FINANCE CENTER, UNITED STATES ARMY, DEPARTMENT OF THE ARMY, INDIANAPOLIS 49, INDIANA, REFERRED HERE BY THE DEPARTMENT OF THE ARMY, CONCERNING YOUR CLAIM FOR THE SIX MONTHS' DEATH GRATUITY DUE IN THE CASE OF YOUR LATE BROTHER, MAXIMINIANO FALLORAN, WHO DIED JANUARY 8, 1949, WHILE SERVING AS AN ENLISTED MAN OF THE PHILIPPINE SCOUTS. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR A REVIEW OF A SETTLEMENT OF MAY 8, 1953, WHICH DISALLOWED AN EARLIER CLAIM FOR THE SAME GRATUITY.

BY THE SETTLEMENT OF MAY 8, 1953, YOU WERE ADVISED THAT THE OFFICIAL REPORT OF DEATH OF YOUR BROTHER SHOWS THAT HE DESIGNATED AS HIS BENEFICIARIES BOTH YOU AND DOMINGA FALLORAN, DAUGHTER, AND THAT SHE ALLEGES SHE IS THE NATURAL CHILD OF THE DECEDENT AND RUPERTA DOMINGO. YOU WERE FURTHER ADVISED THAT IN VIEW OF SUCH DESIGNATION AND THE CONFLICTING EVIDENCE SUBMITTED BY YOU AND BY DOMINGA FALLORAN AS TO WHETHER OR NOT SHE IS THE NATURAL DAUGHTER OF THE DECEDENT AND RUPERTA DOMINGO, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM IN THE ABSENCE OF A DETERMINATION BY A COURT OF COMPETENT JURISDICTION THAT DOMINGA FALLORAN IS NOT A NATURAL DAUGHTER OF THE DECEDENT.

THE LAW GOVERNING THE PAYMENT OF THE SIX MONTHS' DEATH GRATUITY, IN EFFECT ON THE DATE OF THE DEATH OF YOUR LATE BROTHER, WAS CONTAINED IN THE ACT OF DECEMBER 17, 1919, 41 STAT. 367, AS AMENDED (10 U.S.C. 903 (1946 EDITION).) SUCH ACT, AS AMENDED, PROVIDED, AMONG OTHER THINGS, THAT UPON THE RECEIPT OF OFFICIAL NOTIFICATION OF THE DEATH OF ANY OFFICER OR ENLISTED MAN OF THE ARMY THERE SHALL BE PAID TO THE WIDOW, AND IF THERE BE NO WIDOW, TO THE CHILD, OR CHILDREN, AND IF THERE BE NO WIDOW OR CHILD, TO ANY OTHER DEPENDENT RELATIVE OF SUCH OFFICER OR ENLISTED MAN PREVIOUSLY DESIGNATED BY HIM, AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY SUCH OFFICER OR ENLISTED MAN AT THE DATE OF HIS DEATH. THUS, IT WILL BE SEEN THAT, UNDER THE ABOVE CITED SET, IN THE ABSENCE OF A SURVIVING WIDOW, THE CLAIM OF A CHILD TAKES PRECEDENCE OVER ANY OTHER DESIGNATED DEPENDENT RELATIVE.

YOU HAVE NOT FURNISHED US A JUDICIAL DETERMINATION BY A COURT OF COMPETENT JURISDICTION THAT DOMINGA FALLORAN IS NOT THE NATURAL DAUGHTER OF THE DECEDENT. ACCORDINGLY, UNLESS AND UNTIL SUCH DETERMINATION IS SUBMITTED TO US THERE IS NO FURTHER ACTION WE MAY TAKE WITH RESPECT TO YOUR CLAIM.

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