B-118589, SEP. 11, 1957

B-118589: Sep 11, 1957

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YOU REQUEST RECONSIDERATION OF THE ACTION WE HAVE TAKEN UPON YOUR CLAIM FOR 1. - WAS ERRONEOUSLY ISSUED. - THE RIGHT TO MAINTAIN AN ACTION ON ACCOUNT OF DEATH SUCH AS THAT INSTITUTED BY HERMOGENES FAJARDO IS PURELY PERSONAL AND DID NOT SURVIVE HIM.

B-118589, SEP. 11, 1957

TO MR. JOE MOONEY:

IN YOUR LETTER OF AUGUST 9, 1957, WITH REFERENCE TO OUR LETTER OF APRIL 14, 1954, TO YOU, YOU REQUEST RECONSIDERATION OF THE ACTION WE HAVE TAKEN UPON YOUR CLAIM FOR 1,623.75 PESOS REPRESENTING THE AMOUNT OF U.S. DEPOSITARY CHECK NO. 447,131, DATED FEBRUARY 12, 1948.

IN YOUR LETTER YOU CALL ATTENTION TO PROVISIONS OF THE CIVIL CODE OF THE PHILIPPINES WHICH RELATE TO DEBTS AND ESTATES OF DECEDENTS GENERALLY IN THE PHILIPPINES. HOWEVER, YOU OVERLOOK THE EXPLANATION IN OUR LETTER OF APRIL 14, 1954, THAT THE ABOVE CHECK--- AS ISSUED UPON A PERSONAL CLAIM OF HERMOGENES FAJARDO IN HIS CAPACITY OF BENEFICIARY IN THE MATTER OF THE WRONGFUL DEATH OF HIS WIFE IN 1945--- WAS ERRONEOUSLY ISSUED, WITHOUT KNOWLEDGE OF HIS DEATH ON MARCH 8, 1947. FURTHER, UNDER APPLICABLE LAW--- NOT THE PROVISIONS TO WHICH YOU REFER--- THE RIGHT TO MAINTAIN AN ACTION ON ACCOUNT OF DEATH SUCH AS THAT INSTITUTED BY HERMOGENES FAJARDO IS PURELY PERSONAL AND DID NOT SURVIVE HIM. SUCH RIGHT DID NOT BECOME PART OF THE ASSETS OF HIS ESTATE TRANSMISSIBLE TO OTHERS GENERALLY AS IN THE CASE OF VESTED RIGHTS TO PROPERTY.

THEREFORE, AS THE GENERAL STATUTES TO WHICH YOU REFER DO NOT GIVE YOU A BENEFICIAL OR PROPRIETARY INTEREST IN THE WRONGFUL DEATH OF THE WIFE OF HERMOGENES FAJARDO, YOUR CLAIM DOES NOT WARRANT FURTHER CONSIDERATION.