B-113925, JAN. 25, 1963

B-113925, JAN. 25, 1963

TO MR. IGNACIO FALLORAN:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 17, 1962, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED JULY 11, 1962, B-113925. THAT DECISION WE AFFIRMED OUR DECISION OF JANUARY 25, 1960, B 113925, WHICH SUSTAINED THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING 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 IN THE PHILIPPINE SCOUTS. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE OFFICIAL REPORT OF DEATH CONCERNING THE DECEDENT SHOWS HE DESIGNATED BOTH YOU AND DOMINIGA FALLORAN, DAUGHTER, AS DESIGNATED BENEFICIARIES. SINCE UNDER THE PERTINENT STATUTES, THE CLAIM OF A CHILD TAKES PRECEDENCE OVER THAT OF ANY OTHER DEPENDENT RELATIVE, WE CONCLUDED THAT WE WERE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM IN THE ABSENCE OF A JUDICIAL DETERMINATION BY A COURT OF COMPETENT JURISDICTION THAT DOMINGA FALLORAN IS NOT THE NATURAL DAUGHTER OF THE DECEDENT.

THE FACTS OF THE MATTER HAVE BEEN STATED IN OUR PREVIOUS DECISIONS TO YOU AND NEED NOT BE RESTATED. YOUR PRESENT LETTER DOES NOT FURNISH ANY INFORMATION NOT IN THE AVAILABLE RECORD. IT APPEARS TO BE YOUR VIEW, HOWEVER, THAT, SINCE DOMINIGA FALLORAN HAS NOT ESTABLISHED THAT SHE IS THE NATURAL DAUGHTER OF THE DECEDENT AND SINCE YOU BELIEVE YOU HAVE ESTABLISHED THE VALIDITY OF YOUR CLAIM, WE SHOULD AUTHORIZE PAYMENT OF THE GRATUITY TO YOU SO THAT YOU MAY AVOID THE EXPENSE OF OBTAINING A COURT JUDGMENT IN THE MATTER.

AS PREVIOUSLY POINTED OUT TO YOU, IT IS INCUMBENT UPON CLAIMANTS TO FURNISH EVIDENCE SATISFACTORILY ESTABLISHING THEIR CLAIMS, THAT IS, TO ESTABLISH THE CLEAR LIABILITY OF THE UNITED STATES TO PAY SUCH CLAIMS. LONGWILL V. UNITED STATES, 17 CT.CL. 288; CHARLES V. UNITED STATES, 19 CT.CL. 316. WE ARE WITHOUT AUTHORITY TO CERTIFY FOR PAYMENT CLAIMS OF DOUBTFUL VALIDITY IN FACT OR IN LAW. 41 COMP. GEN. 285.

IN THE CONSIDERATION OF YOUR CLAIM, OUR OFFICE, FOR THE PROTECTION OF THE GOVERNMENT AND DOMINIGA FALLORAN, MUST INSIST UPON POSITIVE PROOF ESTABLISHING THAT SHE IS NOT THE NATURAL DAUGHTER OF THE DECEDENT. CONTRARY TO THE IMPORT OF THE STATEMENTS CONTAINED IN YOUR PRESENT LETTER, WE HAVE NOT EXPRESSED ANY OPINION AS TO THE TRUE STATUS OF DOMINIGA FALLORAN AS THE CHILD OF YOUR BROTHER. THE FACT THAT SHE HAS NOT CLEARLY ESTABLISHED HER CLAIM, AS OF THE PRESENT TIME, DOES NOT PROVIDE US WITH A LEGAL BASIS TO IGNORE THE DECEDENT'S DESIGNATION OF HER AS HIS DAUGHTER OR TO PROCEED ON THE BASIS THAT THERE IS NO POSSIBILITY SHE CAN ESTABLISH SHE HAS RIGHTS IN THE MATTER. IN THESE CIRCUMSTANCES, THE PROTECTION OF THE INTERESTS OF THE UNITED STATES AND THE PARTIES CONCERNED REQUIRES THAT PAYMENT OF THE SIX MONTHS' DEATH GRATUITY BE WITHHELD UNTIL SUCH TIME AS A COURT OF COMPETENT JURISDICTION HAS RENDERED A JUDGMENT AS TO THE PERSON ENTITLED TO THE GRATUITY, OR HAS DETERMINED THAT DOMINIGA FALLORAN IS NOT THE NATURAL DAUGHTER OF YOUR DECEASED BROTHER. THEREFORE, OUR PRIOR ACTION IN THE MATTER IS AFFIRMED.

WE TRUST THIS LETTER WILL ENABLE YOU TO BETTER UNDERSTAND THE REASONS WHY, UNDER EXISTING LAW, FURTHER CONSIDERATION MAY NOT BE GIVEN YOUR CLAIM FOR THE SIX MONTHS' DEATH GRATUITY AT THIS TIME.