B-125924, DEC. 19, 1955

B-125924, DEC. 19, 1955

TO MR. FRANCISCO A. DEL ROSARIO:

YOUR LETTER OF AUGUST 24, 1955, REQUESTS REVIEW OF OUR SETTLEMENT OF JANUARY 14, 1952, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT FOR ANNUAL LEAVE ALLEGED TO HAVE ACCRUED TO YOU AS AN EMPLOYEE OF VARIOUS INSTALLATIONS OF THE DEPARTMENT OF THE ARMY AND AIR FORCE IN THE REPUBLIC OF THE PHILIPPINES, DURING THE PERIOD MARCH 1945 TO MARCH 1946.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THERE WAS IN FORCE DURING THAT PERIOD NO REGULATION OF GENERAL APPLICATION AUTHORIZING ANNUAL OR SICK LEAVE TO ALIEN OR NATIVE EMPLOYEES. YOU STATE THAT YOU WERE NOT AN ALIEN DURING THE ABOVE PERIOD INASMUCH AS THE PHILIPPINES HAD NOT YET ACHIEVED ITS NATIONAL STATUS. ALSO, YOU STATE THAT "THERE WERE THOUSANDS OF OTHER FILIPINO NATIONALS WHOSE LEAVE WERE PAID FOR WHEN THEY WERE PROCESSED UNDER PUBLIC LAW 490, 7 MARCH 1942.'

YOU ARE ADVISED THAT WHILE YOU MAY NOT HAVE BEEN AN ALIEN, YOU WERE, AS YOU HAVE INDICATED, A NATIVE FILIPINO. DURING THE PERIOD IN QUESTION, THERE LIKEWISE WAS NO GENERAL AUTHORITY FOR THE PAYMENT FOR LEAVE TO NATIVE EMPLOYEES OUTSIDE THE TERRITORIAL LIMITS OF THE UNITED STATES. FURTHER, PAYMENTS MADE TO FILIPINO NATIONALS PURSUANT TO THE PROVISIONS OF THE MISSING PERSONS ACT, PUBLIC LAW 490, 56 STAT. 143, TO WHICH YOU REFER, WOULD HAVE NO BEARING UPON YOUR CLAIM AS THAT ACT CONTAINED NOTHING EXPRESSLY MODIFYING THE LEAVE LAWS OR REGULATIONS.

UPON REVIEW, THE DISALLOWANCE OF YOUR CLAIM APPEARS PROPER AND SUCH ACTION MUST BE SUSTAINED.