B-125288, FEB. 24, 1956

B-125288: Feb 24, 1956

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DE PERALTA: REFERENCE IS MADE TO MR. SINCE THE QUARTERS ALLOWANCE FOR THE PERIOD IN QUESTION WAS LIMITED TO A MAXIMUM OF $600 PER ANNUM. THAT YOU WERE MISTAKENLY REGARDED AS A SINGLE PERSON WITHOUT DEPENDENTS. THAT IS NOT CORRECT. CONDITION PRECEDENT TO THE PAYMENT OF SUCH AN ALLOWANCE IS THAT THE EMPLOYEE FURNISH RECEIPTS SHOWING THE AMOUNT EXPENDED FOR RENT AND UTILITIES. SUCH RECEIPTS WERE NOT FURNISHED BY YOU AND THE QUESTION AROSE AS TO THE BASIS. JUDGMENT ON STIPULATION WAS ENTERED ON MAY 4. PAYMENT OF YOUR CLAIM FOR QUARTERS ALLOWANCE WAS APPROVED ON AN AVERAGE OF 50 PERCENT OF THE MAXIMUM QUARTERS ALLOWANCE AUTHORIZED FOR THE PERIODS COVERED THEREBY. THE CORRECT COMPUTATION IS AS FOLLOWS: TABLE PERIOD RATE AMOUNT 6/1/47 TO 12/25/48 AT $450 PER ANNUM $709.59 7/1/47 TO 12/25/48 30 PERCENT INCREASE 201.47 12/26/48 TO 5/10/49 AT $600 PER ANNUM 225.20 $1.

B-125288, FEB. 24, 1956

TO MR. ALEX A. DE PERALTA:

REFERENCE IS MADE TO MR. CORNELIO O. LOPEZ'S RECENT LETTER REQUESTING, AS YOUR ATTORNEY, REVIEW OF THAT PART OF OUR SETTLEMENT OF OCTOBER 13, 1955, WHICH ALLOWED YOU $1,169 FOR QUARTERS DURING THE PERIOD JUNE 1, 1947, TO MAY 10, 1949, WHILE EMPLOYED BY THE VETERANS ADMINISTRATION IN THE PHILIPPINE ISLANDS.

IT SEEMS TO BE YOUR ATTORNEY'S CONTENTION, SINCE THE QUARTERS ALLOWANCE FOR THE PERIOD IN QUESTION WAS LIMITED TO A MAXIMUM OF $600 PER ANNUM, THAT YOU WERE MISTAKENLY REGARDED AS A SINGLE PERSON WITHOUT DEPENDENTS. THAT IS NOT CORRECT.

THE REGULATIONS OF THE VETERANS ADMINISTRATION PROVIDE A QUARTERS ALLOWANCE TO EMPLOYEES OF THE ADMINISTRATION, ASSIGNED TO DUTY IN THE PHILIPPINE ISLANDS, AMOUNTING TO THE ACTUAL EXPENSE INCURRED FOR QUARTERS, NOT EXCEEDING THE MAXIMUM QUARTERS ALLOWANCE AUTHORIZED BY LAW. CONDITION PRECEDENT TO THE PAYMENT OF SUCH AN ALLOWANCE IS THAT THE EMPLOYEE FURNISH RECEIPTS SHOWING THE AMOUNT EXPENDED FOR RENT AND UTILITIES. SUCH RECEIPTS WERE NOT FURNISHED BY YOU AND THE QUESTION AROSE AS TO THE BASIS, IF ANY, ON WHICH YOU COULD BE REIMBURSED.

IN A COURT OF CLAIMS CASE, RITO I. ARCIAGO, ET AL. V. UNITED STATES, COURT OF CLAIMS NO. 50329, JUDGMENT ON STIPULATION WAS ENTERED ON MAY 4, 1954, IN FAVOR OF 20 PLAINTIFFS FOR AMOUNTS WHICH INCLUDED AMONG OTHER ITEMS QUARTERS ALLOWANCES FOR WHICH THE PLAINTIFF COULD ADDUCE NO ACCEPTABLE EVIDENCE OF ACTUAL EXPENSES INCURRED. THAT JUDGMENT SO FAR AS IT RELATED TO QUARTERS ALLOWANCES PROVIDED FOR PAYMENT OF 50 PERCENT OF THE MAXIMUM QUARTERS ALLOWANCE AUTHORIZED FOR THE PERIODS INVOLVED. THE BASIS OF THAT PRECEDENT, SINCE YOU DID NOT PRODUCE EVIDENCE SHOWING THE AMOUNT YOU EXPENDED FOR RENT AND UTILITIES WHILE EMPLOYED BY THE VETERANS ADMINISTRATION IN THE PHILIPPINE ISLANDS, PAYMENT OF YOUR CLAIM FOR QUARTERS ALLOWANCE WAS APPROVED ON AN AVERAGE OF 50 PERCENT OF THE MAXIMUM QUARTERS ALLOWANCE AUTHORIZED FOR THE PERIODS COVERED THEREBY. THE CORRECT COMPUTATION IS AS FOLLOWS:

TABLE

PERIOD RATE AMOUNT 6/1/47 TO 12/25/48 AT $450 PER ANNUM $709.59 7/1/47 TO 12/25/48 30 PERCENT INCREASE 201.47 12/26/48 TO 5/10/49 AT $600 PER ANNUM 225.20

$1,136.26

WHILE IN OUR SETTLEMENT OF OCTOBER 13, 1955, YOU INADVERTENTLY WERE REIMBURSED FOR QUARTERS ALLOWANCE ON THE BASIS OF THE RATE OF $600 PER ANNUM FOR THE ENTIRE PERIOD, THEREBY CREATING AN OVERPAYMENT, WE ARE NOT INCLINED TO DISTURB THAT SETTLEMENT. HOWEVER, IT WILL BE APPARENT THAT OUR SETTLEMENT IS CORRECT IN PRINCIPLE AND UPON REVIEW IT MUST BE AND IS SUSTAINED.