B-131170, APR. 5, 1957

B-131170: Apr 5, 1957

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WHICH CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JUNE 19. THE RECORD IN THIS CASE INDICATES THAT THE CHECK WAS DULY MAILED TO THE PAYEE AT HIS ADDRESS OF RECORD AT THE TIME OF THE ISSUANCE OF THE CHECK. THE RECORD FURTHER INDICATES THAT THE CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. OUR OFFICE WAS NOT ADVISED OF ANY CLAIM ON THE PART OF THE PAYEE UNTIL MAY 17. WAS REFERRED TO OUR OFFICE BY THE TREASURER OF THE UNITED STATES. WE ARE FURTHER ADVISED BY YOU THAT THE PAYEE MADE INQUIRIES IN OTHER GOVERNMENT AGENCIES REGARDING THIS CHECK. THE LAW GOVERNING THESE SITUATIONS IS CLEARLY SET FORTH IN THE ACT OF JUNE 22. PROVIDING THAT ALL CLAIMS RESPECTING CHECKS APPEARING TO HAVE BEEN PAID MUST BE PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF THE ISSUANCE OF THE CHECK.

B-131170, APR. 5, 1957

TO MR. GERMINO B. FABRO, COMMANDER, DISABLED AMERICAN VETERANS PHILIPPINE DEPARTMENT:

YOUR LETTER OF FEBRUARY 28, 1957, ON BEHALF OF CELEDONIO D. CONCEPCION, REQUESTS US TO RECONSIDER HIS CLAIM FOR THE PROCEEDS OF CIVIL SERVICE RETIREMENT CHECK NO. 41,749,612, DRAWN DECEMBER 26, 1946, TO THE ORDER OF CELEDONIO D. CONCEPCION BY E. J. BRENNAN, SYMBOL 200, WHICH CLAIM WAS DISALLOWED BY OUR OFFICE SETTLEMENT OF JUNE 19, 1956.

THE RECORD IN THIS CASE INDICATES THAT THE CHECK WAS DULY MAILED TO THE PAYEE AT HIS ADDRESS OF RECORD AT THE TIME OF THE ISSUANCE OF THE CHECK. THE RECORD FURTHER INDICATES THAT THE CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. OUR OFFICE WAS NOT ADVISED OF ANY CLAIM ON THE PART OF THE PAYEE UNTIL MAY 17, 1956, WHEN THE PAYEE'S COMMUNICATION OF FEBRUARY 10, 1956, WAS REFERRED TO OUR OFFICE BY THE TREASURER OF THE UNITED STATES. WE ARE FURTHER ADVISED BY YOU THAT THE PAYEE MADE INQUIRIES IN OTHER GOVERNMENT AGENCIES REGARDING THIS CHECK.

AS OUR OFFICE PREVIOUSLY HAS ADVISED YOU, THE LAW GOVERNING THESE SITUATIONS IS CLEARLY SET FORTH IN THE ACT OF JUNE 22, 1926, 44 STAT. 761, PROVIDING THAT ALL CLAIMS RESPECTING CHECKS APPEARING TO HAVE BEEN PAID MUST BE PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF THE ISSUANCE OF THE CHECK, OR BE FOREVER BARRED.

UNDER THE ABOVE STATUTE, A CLAIM MUST BE "RECEIVED" IN THE GENERAL ACCOUNTING OFFICE WITHIN THE TIME PROVIDED, TO BE ENTITLED TO CONSIDERATION. EVEN THE FILING OF A CLAIM WITH ANOTHER DEPARTMENT OR AGENCY OF THE GOVERNMENT DOES NOT SATISFY THE REQUIREMENTS OF THE STATUTE. WE HAVE NO RECORD OF ANY OTHER FILING OF THIS CLAIM PRIOR TO THE SAID COMMUNICATION RECEIVED HERE ON MAY 17, 1956. THIS IS APPROXIMATELY TEN YEARS AFTER THE ISSUANCE OF THE CHECK.

THIS OFFICE HAS NO DISCRETIONARY POWER WHATSOEVER TO WAIVE THE REQUIREMENTS OF THE AFORESAID SIX-YEAR STATUTE OF LIMITATIONS AND ACCORDINGLY WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE ACTION HERETOFORE TAKEN IN OUR SETTLEMENT OF JUNE 19, 1956.