B-151893, AUG. 1, 1963

B-151893: Aug 1, 1963

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THE CLAIM WAS DISALLOWED FOR THE REASON THAT THE CHECK IS NOT RECORDED ON THE RECORDS OF THE GOVERNMENT AS AN OUTSTANDING LIABILITY AND NO FUNDS ARE RESERVED FOR PAYMENT THEREOF. IN SUCH CASES THE PRESUMPTION IS THAT THE GOVERNMENT'S LIABILITY WITH RESPECT TO THE CHECK HAS BEEN PROPERLY DISCHARGED BY ISSUANCE OF A SUBSTITUTE CHECK. YOU STATE THAT THE CHECK PRESENTED FOR PAYMENT IS THE GENUINE ONE AND NOT A SUBSTITUTE ONE. IT WAS NOT THE INTENT OF THE LETTER DISALLOWING YOUR CLAIM TO CONVEY THE IMPRESSION THAT THE CHECK SUBMITTED BY YOU WAS OTHER THAN THE ORIGINAL CHECK. WHERE AS HERE A CHECK IS NOT RECORDED ON THE BOOKS OF THE GOVERNMENT AS AN OUTSTANDING LIABILITY. THE PRESUMPTION IS RAISED THAT A SUBSTITUTE CHECK HAS BEEN ISSUED TO DISCHARGE THE LIABILITY AND PAID IN DUE COURSE.

B-151893, AUG. 1, 1963

TO MR. GIL MALAGUEY:

YOUR LETTER DATED APRIL 14, 1963, REQUESTS RECONSIDERATION OF THE DISALLOWANCE DATED MARCH 22, 1963, BY THE CLAIMS DIVISION OF OUR OFFICE OF YOUR CLAIMS FOR THE PROCEEDS OF CHECK NO. 555,642, DATED NOVEMBER 16, 1948, IN THE AMOUNT OF 397,30 PESOS, DRAWN ON THE NATIONAL CITY BANK OF NEW YORK, MANILA BRANCH, TO YOU AS PAYEE.

THE CLAIM WAS DISALLOWED FOR THE REASON THAT THE CHECK IS NOT RECORDED ON THE RECORDS OF THE GOVERNMENT AS AN OUTSTANDING LIABILITY AND NO FUNDS ARE RESERVED FOR PAYMENT THEREOF. IN SUCH CASES THE PRESUMPTION IS THAT THE GOVERNMENT'S LIABILITY WITH RESPECT TO THE CHECK HAS BEEN PROPERLY DISCHARGED BY ISSUANCE OF A SUBSTITUTE CHECK.

IN YOUR LETTER OF APRIL 14, YOU STATE THAT THE CHECK PRESENTED FOR PAYMENT IS THE GENUINE ONE AND NOT A SUBSTITUTE ONE. IT WAS NOT THE INTENT OF THE LETTER DISALLOWING YOUR CLAIM TO CONVEY THE IMPRESSION THAT THE CHECK SUBMITTED BY YOU WAS OTHER THAN THE ORIGINAL CHECK. HOWEVER, WHERE AS HERE A CHECK IS NOT RECORDED ON THE BOOKS OF THE GOVERNMENT AS AN OUTSTANDING LIABILITY, THE PRESUMPTION IS RAISED THAT A SUBSTITUTE CHECK HAS BEEN ISSUED TO DISCHARGE THE LIABILITY AND PAID IN DUE COURSE. ORDINARILY, IN SITUATIONS WHERE A CHECK IS LOST OR MISPLACED, CLAIMS ARE FILED FOR ISSUANCE OF A SUBSTITUTE CHECK. IN ANY EVENT, THE RECORDS WHICH MIGHT HAVE SUPPORTED ALLOWANCE OF YOUR CLAIM OR CLEARLY REFUTED IT ARE NO LONGER IN EXISTENCE--- FOURTEEN YEARS HAVING ELAPSED SINCE ISSUANCE OF THE CHECK. THE ACCOUNTING OFFICERS OF THE GOVERNMENT HAVE CONSISTENTLY REFUSED TO ALLOW CLAIMS WHERE THE CLAIMANT SLEPT UPON HIS RIGHTS FOR LONG PERIODS OF YEARS IN THE ABSENCE OF CLEAR AND SATISFACTORY EVIDENCE OF THE VALIDITY AND NONPAYMENT OF THE CLAIM. SEE 4 COMP. DEC. 276; 5 ID. 281, 285; 4 COMP. GEN. 805. NO SUCH EVIDENCE RELATING TO YOUR CLAIM EXISTS AND THEREFORE THE DISALLOWANCE OF MARCH 22, 1963, IS SUSTAINED.