B-131621, JUL. 1, 1957

B-131621: Jul 1, 1957

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YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT SUFFICIENT PROOF OF YOUR RELATIONSHIP TO THE ENLISTED MAN HAD NOT BEEN FURNISHED. THE PERSON PERFORMING THE MARRIAGE CEREMONY WAS REQUIRED TO ISSUE CERTIFICATES EVIDENCING THE MARRIAGE. THE ORIGINAL OF WHICH WAS REQUIRED TO BE FILED WITH THE REGISTRAR OF THE CITY WHERE THE MARRIAGE CEREMONY WAS PERFORMED. A COPY OF SUCH A CERTIFICATE WAS NOT FURNISHED BY YOU. YOU HAVE SUBMITTED A JOINT AFFIDAVIT OF EUSTAQUIA CAPITO AND CARLOS AMISTOSO. AVERRING THAT THEY WERE PRESENT AT THE CELEBRATION OF YOUR MARRIAGE TO ANTONIO NUNEZ ON AUGUST 4. AT WHICH PLACE THE CERTIFICATE OF MARRIAGE SHOULD HAVE BEEN FILED ACCORDING TO THE AFFIDAVIT. IT IS INCUMBENT UPON CLAIMANTS TO FURNISH EVIDENCE SATISFACTORILY ESTABLISHING THEIR CLAIMS.

B-131621, JUL. 1, 1957

TO MRS. ANASTACIA ONDANGAN NUNEZ:

YOUR LETTER OF NOVEMBER 29, 1956, ADDRESSED TO THE ADJUTANT GENERAL, DEPARTMENT OF THE ARMY, IN EFFECT REQUESTS REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JUNE 19, 1953, WHICH DISALLOWED YOUR CLAIM, AS WIDOW, FOR THE SIX MONTHS' DEATH GRATUITY IN THE CASE OF ANTONIO NUNEZ, PRIVATE, PHILIPPINE SCOUTS, WHO DIED ON DECEMBER 29, 1941.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT SUFFICIENT PROOF OF YOUR RELATIONSHIP TO THE ENLISTED MAN HAD NOT BEEN FURNISHED. UNDER THE PERTINENT LAW IN EFFECT AT THE TIME OF YOUR ALLEGED MARRIAGE ON AUGUST 4, 1919, THE PERSON PERFORMING THE MARRIAGE CEREMONY WAS REQUIRED TO ISSUE CERTIFICATES EVIDENCING THE MARRIAGE, THE ORIGINAL OF WHICH WAS REQUIRED TO BE FILED WITH THE REGISTRAR OF THE CITY WHERE THE MARRIAGE CEREMONY WAS PERFORMED. A COPY OF SUCH A CERTIFICATE WAS NOT FURNISHED BY YOU.

AS EVIDENCE OF YOUR STATUS AS WIDOW, YOU HAVE SUBMITTED A JOINT AFFIDAVIT OF EUSTAQUIA CAPITO AND CARLOS AMISTOSO, EXECUTED MARCH 16, 1953, AVERRING THAT THEY WERE PRESENT AT THE CELEBRATION OF YOUR MARRIAGE TO ANTONIO NUNEZ ON AUGUST 4, 1919. HOWEVER, THE CIVIL REGISTRAR, CITY OF CAVITE, REPUBLIC OF THE PHILIPPINES, AT WHICH PLACE THE CERTIFICATE OF MARRIAGE SHOULD HAVE BEEN FILED ACCORDING TO THE AFFIDAVIT, REPORTS "THAT AFTER A DILIGENT SEARCH ON THE RECORDS OF MARRIAGES OF CORREGIDOR, THE NAMES OF ANTONIO NUNEZ AND ANASTACIA ONDANGAN DO NOT APPEAR IN THE CIVIL REGISTRY OF MARRIAGES ON FILE IN THIS OFFICE.'

IT IS INCUMBENT UPON CLAIMANTS TO FURNISH EVIDENCE SATISFACTORILY ESTABLISHING THEIR CLAIMS. IN THE CONSIDERATION OF CLAIMS OF THIS NATURE, OUR OFFICE, FOR THE PROTECTION OF THE INTERESTS OF THE GOVERNMENT AND OTHER POSSIBLE CLAIMANTS, MUST INSIST UPON POSITIVE PROOF OF THE RELATIONSHIP ON WHICH CLAIMANTS BASE THEIR CLAIMS. EVIDENCE SUFFICIENT TO ESTABLISH THAT YOU ARE THE WIDOW OF THE DECEDENT HAS NOT BEEN FURNISHED. IN THE LIGHT OF THE PROVISIONS OF THE PERTINENT LAW IN EFFECT AT THE TIME, THE AFFIDAVIT OF EUSTAQUIA CAPITO AND CARLOS AMISTOSO ISSUED APPROXIMATELY 34 YEARS AFTER YOUR ALLEGED MARRIAGE, IS NOT SUFFICIENT EVIDENCE AND MAY NOT BE ACCEPTED AS ESTABLISHING YOUR MARRIAGE TO THE DECEDENT.

ACCORDINGLY, OUR SETTLEMENT OF JUNE 19, 1953, DISALLOWING YOUR CLAIM, MUST BE AND IS SUSTAINED.