B-146556, NOV. 9, 1961

B-146556, NOV. 9, 1961

TO MR. MAURICIO PANES:

REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE JULY 21, 1961, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE INCIDENT TO SERVICE IN THE PHILIPPINE COMMONWEALTH ARMY FROM DECEMBER 21, 1941, TO MARCH 29, 1946.

YOUR CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT DATED APRIL 17, 1961.

THE DEPARTMENT OF THE ARMY HAS ADVISED US THAT YOU PERFORMED ACTIVE MILITARY SERVICE AS A MEMBER OF THE PHILIPPINE COMMONWEALTH ARMY IN THE SERVICE OF THE ARMED FORCES OF THE UNITED STATES FROM DECEMBER 21, 1941, TO MARCH 29, 1946. IN THIS CONNECTION YOU MAY BE ADVISED THAT ALL THE ORGANIZED MILITARY FORCES OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES WERE CALLED AND ORDERED INTO THE SERVICE OF THE ARMED FORCES OF THE UNITED STATES BY MILITARY ORDER OF THE PRESIDENT OF THE UNITED STATES DATED JULY 26, 1941, 6 F.R. 3825. THESE PHILIPPINE MILITARY FORCES, HOWEVER, DID NOT BECOME MEMBERS OF THE ARMY OF THE UNITED STATES UNDER THAT CALL AND ORDER, BUT CONTINUED TO SERVE AS PHILIPPINE MILITARY FORCES AND THEIR PAY AND ALLOWANCES AND OTHER BENEFITS WERE THE RESPONSIBILITY OF THE PHILIPPINE GOVERNMENT. UNDER CERTAIN UNITED STATES APPROPRIATION ACT PROVISIONS THE UNITED STATES REIMBURSED THE PHILIPPINE GOVERNMENT FOR THE COSTS INCURRED WHILE ITS MILITARY FORCES WERE SERVING IN THE ARMED FORCES OF THE UNITED STATES, BUT DIRECT PAYMENTS TO INDIVIDUAL MEMBERS OF THE PHILIPPINE ARMY WERE NOT AUTHORIZED. BY THE ACT OF FEBRUARY 18, 1946, 60 STAT. 6, AS AMENDED, 38 U.S.C. 38, THE UNITED STATES CONGRESS PROVIDED, IN MATERIAL PART, THAT (QUOTING FROM 38 U.S.C. 38):

"SERVICE IN THE ORGANIZED MILITARY FORCES OF THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES, WHICH SUCH FORCES WERE IN THE SERVICE OF THE ARMED FORCES OF THE UNITED STATES PURSUANT TO THE MILITARY ORDER OF THE PRESIDENT OF THE UNITED STATES DATED JULY 26,1941, SHALL NOT BE DEEMED TO BE OR TO HAVE BEEN SERVICE IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES OR ANY COMPONENT THEREOF FOR THE PURPOSES OF ANY LAW OF THE UNITED STATES CONFERRING RIGHTS, PRIVILEGES, OR BENEFITS UPON ANY PERSON BY REASON OF THE SERVICE OF SUCH PERSON OR THE SERVICE OF ANY OTHER PERSON IN THE MILITARY OR NAVAL FORCES OF THE UNITED STATES OR ANY COMPONENT THEREOF * * *.'

IN YOUR LETTER THERE IS CITED "P.L. 897" AS A BASIS FOR YOUR CLAIM. HAVE NOT BEEN ABLE TO FIND ANY PUBLIC LAW OF THE UNITED STATES NUMBERED "897" WHICH BEARS A RELATION TO PAY OF MEMBERS OF THE PHILIPPINE ARMY. BELIEVE THAT YOU HAVE REFERENCE TO REPUBLIC ACT NO. 897, OF THE COMMONWEALTH OF THE PHILIPPINES, WHICH IS NOW CODIFIED IN SECTIONS 34-36 AND 43-45 OF TITLE 60, PHILIPPINE ANNOTATED LAWS. THESE SECTIONS, TOGETHER WITH SECTIONS 37-42, ARE DENOMINATED THE ,BACK PAY LAW" AND ARE CONCERNED WITH THE FILING, ADJUDICATION AND PAYMENT TO MEMBERS OF THE PHILIPPINE ARMY, AND OTHER PERSONS LISTED THEREIN, OF CLAIMS FOR SALARIES, ETC., UNPAID DURING THE JAPANESE OCCUPATION. THIS STATUTE IS A LAW OF THE COMMONWEALTH OF THE PHILIPPINES AND NOT OF THE UNITED STATES. ANY CLAIM UNDER THAT LAW SHOULD BE SUBMITTED TO THE TREASURER OF THE PHILIPPINES.

ACCORDINGLY, THE DENIAL OF YOUR CLAIM AGAINST THE UNITED STATES IS SUSTAINED.