B-130235, JAN. 28, 1957

B-130235, JAN. 28, 1957

TO MR. VICTOR OCIANO:

YOUR LETTER DATED OCTOBER 13, 1956, ADDRESSED TO THE VETERANS BUREAU, CLEVELAND 7, OHIO, HAS BEEN REFERRED HERE FOR CONSIDERATION.

YOUR LETTER RELATES TO THE SAME SUBJECT AS THAT SET FORTH IN YOUR LETTER OF AUGUST 13, 1954, WHICH WAS TREATED AS A CLAIM AND DISALLOWED BY SETTLEMENT OF OUR OFFICE DATED FEBRUARY 18, 1955. YOUR LETTER OF OCTOBER 13, THEREFORE, WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THE PRIOR SETTLEMENT ACTION.

YOUR CLAIM IS FOR LOSS SUSTAINED WHEN A MORTGAGE OWNED BY YOU ON CERTAIN LANDS IN THE PHILIPPINES WAS REDEEMED DURING THE OCCUPANCY OF THE PHILIPPINE ISLANDS BY THE JAPANESE WITH JAPANESE WAR NOTES, THE CURRENCY THEN IN CIRCULATION. YOU ALLEGE THAT THESE JAPANESE NOTES WERE OF NO VALUE AND CONSEQUENTLY YOU HAVE SUSTAINED A LOSS IN THE ORIGINAL VALUE OF THE MORTGAGE IN PHILIPPINE CURRENCY.

THE OBLIGATION TO SATISFY THE LOAN FOR WHICH THE MORTGAGE WAS GIVEN AS SECURITY APPEARS TO HAVE BEEN THAT OF THE MORTGAGOR. THUS, ANY RIGHT YOU MAY HAVE FOR REIMBURSEMENT OF THE LOSS SUSTAINED BY VIRTUE OF HIS PAYING OFF THE LOAN WITH JAPANESE INVASION CURRENCY, OF LESSER VALUE THAN THE PHILIPPINE CURRENCY IN WHICH THE LOAN WAS MADE, APPEARS TO BE ONE FOR ADJUSTMENT BETWEEN YOU AND THE MORTGAGOR. THE LOSS COMPLAINED OF IS NOT ONE FOR WHICH THE UNITED STATES HAS ASSUMED RESPONSIBILITY AND WE KNOW OF NO AUTHORITY UNDER WHICH THE CLAIM ASSERTED AGAINST THE UNITED STATES MAY BE PAID. ACCORDINGLY, THE SETTLEMENT ACTION OF FEBRUARY 18, 1955, IN DISALLOWING YOUR CLAIM IS SUSTAINED UPON REVIEW.