B-150844, MAR. 1, 1963

B-150844: Mar 1, 1963

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YOU SAY THAT THE DEDUCTIONS WERE MADE FROM YOUR SALARY WITHOUT YOUR CONSENT FOR THE PERIOD OF YOUR EMPLOYMENT WHICH TERMINATED IN 1956 AND THAT YOU UNDERSTOOD THE DEDUCTIONS WOULD BE REFUNDED UPON TERMINATION OF YOUR EMPLOYMENT. WE POINT OUT THAT THE RECORD INDICATES THAT COMPENSATION INCLUDED AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE WHICH WAS IN LIEU OF THE FURNISHING OF QUARTERS AND SUBSISTENCE WITHOUT CHARGE. THIS APPEARS TO HAVE BEEN IN ACCORDANCE WITH AN AGREEMENT BETWEEN THE UNITED STATES AND THE PHILIPPINE GOVERNMENT WHICH ALSO PROVIDED THAT A CHARGE WOULD BE MADE FOR QUARTERS AND SUBSISTENCE IN THE AMOUNTS DEDUCTED FROM YOUR PAY. THERE IS NO PROPER BASIS FOR ALLOWANCE OF A REFUND OF THE SUBSISTENCE DEDUCTIONS MADE FROM YOUR SALARY.

B-150844, MAR. 1, 1963

TO MR. BENIGNO B. MANIONG:

YOUR LETTER OF JANUARY 28, 1963, REQUESTS REVIEW OF OUR SETTLEMENT OF NOVEMBER 15, 1962, WHICH DISALLOWED YOUR CLAIM FOR A REFUND OF DEDUCTIONS FOR SUBSISTENCE AS AN EMPLOYEE OF THE DEPARTMENTS OF THE ARMY AND AIR FORCE, GUAM, MARIANAS ISLANDS.

YOU SAY THAT THE DEDUCTIONS WERE MADE FROM YOUR SALARY WITHOUT YOUR CONSENT FOR THE PERIOD OF YOUR EMPLOYMENT WHICH TERMINATED IN 1956 AND THAT YOU UNDERSTOOD THE DEDUCTIONS WOULD BE REFUNDED UPON TERMINATION OF YOUR EMPLOYMENT.

THE RECORD SHOWS THAT YOU SIGNED EMPLOYEE AGREEMENTS FOR FILIPINO CITIZENS EMPLOYED FOR OVERSEAS CIVILIAN DUTY IN THE MARIANAS-BONINS COMMAND, WITH THE DEPARTMENT OF THE ARMY AND THE DEPARTMENT OF THE AIR FORCE WHICH CONTAINED SPECIFIC PROVISIONS AUTHORIZING DEDUCTIONS FOR QUARTERS AND SUBSISTENCE FROM YOUR SALARY. THE FURNISHING OF QUARTERS AND SUBSISTENCE WITHOUT CHARGE PERTAINED ONLY TO THE PERIODS OF TRAVEL BETWEEN GUAM AND PHILIPPINES AS SPECIFIED IN SUCH AGREEMENTS.

WE POINT OUT THAT THE RECORD INDICATES THAT COMPENSATION INCLUDED AN ALLOWANCE FOR QUARTERS AND SUBSISTENCE WHICH WAS IN LIEU OF THE FURNISHING OF QUARTERS AND SUBSISTENCE WITHOUT CHARGE. THIS APPEARS TO HAVE BEEN IN ACCORDANCE WITH AN AGREEMENT BETWEEN THE UNITED STATES AND THE PHILIPPINE GOVERNMENT WHICH ALSO PROVIDED THAT A CHARGE WOULD BE MADE FOR QUARTERS AND SUBSISTENCE IN THE AMOUNTS DEDUCTED FROM YOUR PAY.

IN VIEW OF THE FOREGOING, THERE IS NO PROPER BASIS FOR ALLOWANCE OF A REFUND OF THE SUBSISTENCE DEDUCTIONS MADE FROM YOUR SALARY, AND THE DISALLOWANCE OF YOUR CLAIM MUST BE, AND IS, SUSTAINED.