B-143150, NOV. 8, 1960

B-143150: Nov 8, 1960

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TIN: REFERENCE IS MADE TO YOUR LETTERS OF APRIL 23. AS YOU WERE ADVISED BY OUR CLAIMS DIVISION IN SETTLEMENT DATED MARCH 30. WAS ALLOWED TWO HUNDRED PHILIPPINE PESOS BY SETTLEMENT DATED JUNE 14. THIS AMOUNT WAS DETERMINED TO BE DUE BY PROCEEDING NO. PAYMENT OF THE AMOUNT WAS MADE TO THE JUDGE ADVOCATE GENERAL IN ACCORDANCE WITH THE PHILIPPINE REPUBLIC ACT NO. 136 APPROVED JUNE 14. SINCE A DETERMINATION WAS MADE BY THE DEPARTMENT OF THE ARMY THAT YOUR HUSBAND HAD NO STATUS UNDER THE MISSING PERSONS ACT AS A CIVILIAN EMPLOYEE OF THAT DEPARTMENT. WE HAVE NO AUTHORITY TO QUESTION SUCH ACTION.

B-143150, NOV. 8, 1960

TO MRS. JOSEFA D. TIN:

REFERENCE IS MADE TO YOUR LETTERS OF APRIL 23, AND MAY 1, 1960, CLAIMING BENEFITS BELIEVED TO BE DUE YOUR HUSBAND, LEE TIN, DECEASED, AS A CIVILIAN EMPLOYEE OF THE UNITED STATES GOVERNMENT UNDER SECTION 2 OF PUBLIC LAW 85- 217 APPROVED AUGUST 29, 1957, 85TH CONGRESS, 71 STAT. 491, WHICH AMENDED THE MISSING PERSONS ACT (56 STAT. 143).

AS YOU WERE ADVISED BY OUR CLAIMS DIVISION IN SETTLEMENT DATED MARCH 30, 1960, THE JUDGE ADVOCATE GENERAL OF THE ARMED FORCES OF THE PHILIPPINES, AS ADMINISTRATOR OF THE ESTATE OF YOUR HUSBAND, WAS ALLOWED TWO HUNDRED PHILIPPINE PESOS BY SETTLEMENT DATED JUNE 14, 1950, FOR SERVICES RENDERED BY YOUR HUSBAND AS A MOTOR DRIVER FOR THE UNITED STATES ARMY FROM DECEMBER 9, 1941, TO APRIL 9, 1942, AT BATAAN. THIS AMOUNT WAS DETERMINED TO BE DUE BY PROCEEDING NO. CC 48 X-21704, DATED OCTOBER 7, 1947, OF THE CONTRACT CLAIMS COMMISSION NO. 48 OF THE DEPARTMENT OF THE ARMY (FORMERLY WAR DEPARTMENT) FOR PERSONAL SERVICES REQUISITIONED FROM YOUR HUSBAND WITH HIS CONSENT FOR USE BY THE UNITED STATES ARMED FORCES. PAYMENT OF THE AMOUNT WAS MADE TO THE JUDGE ADVOCATE GENERAL IN ACCORDANCE WITH THE PHILIPPINE REPUBLIC ACT NO. 136 APPROVED JUNE 14, 1947, AS AMENDED.

THE DEPARTMENT OF THE ARMY HAS DETERMINED THAT YOUR HUSBAND HAD NO STATUS UNDER THE MISSING PERSONS ACT AS A CIVILIAN EMPLOYEE OF THAT DEPARTMENT. SECTION 9 OF THE MISSING PERSONS ACT, AS AMENDED, 50 U.S.C. APP. 1009, AUTHORIZES THE HEAD OF THE DEPARTMENT CONCERNED OR HIS DESIGNATED REPRESENTATIVE TO MAKE A DETERMINATION AS TO THE STATUS OF A PERSON IN THE MILITARY OR NAVAL FORCES OR CIVILIAN OFFICERS AND EMPLOYEES OF THE DEPARTMENTS AND THAT SUCH DETERMINATION "SHALL BE CONCLUSIVE.' SINCE A DETERMINATION WAS MADE BY THE DEPARTMENT OF THE ARMY THAT YOUR HUSBAND HAD NO STATUS UNDER THE MISSING PERSONS ACT AS A CIVILIAN EMPLOYEE OF THAT DEPARTMENT, WE HAVE NO AUTHORITY TO QUESTION SUCH ACTION. HENCE, THE ABOVE-MENTIONED ACT OF AUGUST 29, 1957, CITED BY YOU IN SUPPORT OF YOUR CLAIM, DID NOT CONFER ANY NEW BENEFITS ON YOUR HUSBAND'S ESTATE BY REASON OF THE SERVICE RENDERED BY HIM DURING THE PERIOD DECEMBER 9, 1941, TO APRIL 9, 1942.