B-142568, MAY 24, 1960

B-142568: May 24, 1960

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DICANG: REFERENCE IS MADE TO YOUR LETTER OF MARCH 25. LATER THERE WAS RECEIVED FROM THE FINANCE CENTER. OUR RECORDS SHOW THAT YOUR CLAIM WAS ALLOWED ON JUNE 30. SINCE SUCH CLAIM WAS CLEARLY COVERED BY THE POWER OF ATTORNEY. A CHECK WAS DRAWN IN YOUR FAVOR AND MAILED TO YOU IN CARE OF MR. IT APPEARS TO BE YOUR BELIEF THAT SINCE NO ACTION WAS TAKEN ON YOUR CLAIM UNTIL AFTER YOU . SUCH CLAIM WAS PAID AS A RESULT OF YOUR EFFORTS RATHER THAN MR. A POWER OF ATTORNEY IS AN AGREEMENT BETWEEN THE PARTIES. ARE PROTECTED BY ITS TERMS AS LONG AS IT REMAINS IN EFFECT. THE ACTION HERETOFORE TAKEN IN THE MATTER IS SUSTAINED.

B-142568, MAY 24, 1960

TO MR. CIRILO G. DICANG:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 25, 1960, REQUESTING THAT THE "RECORD OF MR. DALWIG FILED IN YOUR GOOD OFFICE BE REVOKED.' PRESUMABLY, YOU REFER TO THE POWER OF ATTORNEY DATED DECEMBER 28, 1956, FILED BY LAVERN R. DILWEG, ATTORNEY AT LAW, WITH A CLAIM ON YOUR BEHALF FOR AN ADJUSTMENT OF PAY AS A FORMER MEMBER OF THE PHILIPPINE SCOUTS, IN WHICH YOU AUTHORIZED HIM TO ACT FOR YOU TO COLLECT AND RECOVER ANY MONEY DUE YOU UNDER THE MISSING PERSONS ACT OR ANY OTHER LAWS ENACTED BY THE UNITED STATES FOR THE BENEFIT OF PERSONS HAVING LIVED IN THE PHILIPPINES AND "UPON RECEIPT THEREOF" TO EXECUTE RELEASES OR OTHER DISCHARGES. LATER THERE WAS RECEIVED FROM THE FINANCE CENTER, U.S. ARMY, A CLAIM FILED BY YOU FOR PAY AND ALLOWANCES UNDER THE PROVISIONS OF THE ACT OF AUGUST 29, 1957, 71 STAT. 491.

OUR RECORDS SHOW THAT YOUR CLAIM WAS ALLOWED ON JUNE 30, 1959, IN THE AMOUNT OF $471.08, LESS A DEDUCTION FOR FEDERAL WITHHOLDING TAXES IN THE AMOUNT OF $60.71. ALSO, SINCE SUCH CLAIM WAS CLEARLY COVERED BY THE POWER OF ATTORNEY, A CHECK WAS DRAWN IN YOUR FAVOR AND MAILED TO YOU IN CARE OF MR. DILWEG, AT 815 15TH STREET, N.W., WASHINGTON 5, D.C., IN THE AMOUNT OF $30.18, FOR ATTORNEY'S FEES.

IT APPEARS TO BE YOUR BELIEF THAT SINCE NO ACTION WAS TAKEN ON YOUR CLAIM UNTIL AFTER YOU ,RE-FILED" YOUR OWN APPLICATION THEREFOR, SUCH CLAIM WAS PAID AS A RESULT OF YOUR EFFORTS RATHER THAN MR. DILWEG-S, AND THAT AS A CONSEQUENCE WE SHOULD TAKE SOME ACTION WHICH WOULD RESULT IN THE TERMINATION OF HIS AUTHORITY TO REPRESENT YOU, AND THE PAYMENT OF AN ADDITIONAL AMOUNT OF $30.18 TO YOU.

A POWER OF ATTORNEY IS AN AGREEMENT BETWEEN THE PARTIES, AND OTHER PERSONS WHO, WITH KNOWLEDGE OF SUCH AGREEMENT, DEAL WITH THE AGENT ACTING UNDER AUTHORITY THEREOF, ARE PROTECTED BY ITS TERMS AS LONG AS IT REMAINS IN EFFECT. YOU DID NOT REVOKE YOUR AGREEMENT WITH MR. DILWEG PRIOR TO THE PAYMENT OF YOUR CLAIM AND THIS OFFICE HAD NO WAY OF KNOWING THAT YOU DID NOT WANT HIM TO RECEIVE THE ATTORNEY'S FEE PROVIDED FOR IN THAT AGREEMENT TO THE EXTENT PERMITTED UNDER THE ACT OF AUGUST 29, 1957.

ACCORDINGLY, THE ACTION HERETOFORE TAKEN IN THE MATTER IS SUSTAINED.