B-74734, JUL. 20, 1955

B-74734: Jul 20, 1955

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IT APPARENTLY IS YOUR BELIEF THAT YOU ARE ENTITLED TO SHARE IN ANY AMOUNT PAID TO MIGUEL T. WAS ALLOWED THE SUM OF $1. EVIDENCE WAS RECEIVED WHICH SHOWED THAT THE DECEDENT WAS SURVIVED BY A SON. ACIERTO WAS NOT ENTITLED TO THE AMOUNT PAID. IT IS CLEAR THAT PAYMENT COULD NOT BE MADE TO YOU SINCE. AS YOU WERE ADVISED BY SETTLEMENT OF OUR CLAIMS DIVISION DATED SEPTEMBER 27. A STEPSISTER IS NOT ENTITLED TO ANY PAYMENT UNDER THE LAW AUTHORIZING THE GRATUITY. YOU WERE ADVISED BY OUR DECISION OF JANUARY 22. THE AMOUNT OF ARREARS OF PAY DUE WAS CERTIFIED FOR PAYMENT TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY. YOU WERE ALSO ADVISED THAT UNDER THE LAW IN EFFECT AT THE TIME OF THE ALLOWANCE.

B-74734, JUL. 20, 1955

TO MRS. PERPETUA ACIERTO:

YOUR LETTER DATED NOVEMBER 27, 1954, FORWARDED TO OUR OFFICE BY THE DEPARTMENT OF THE NAVY, MAKES INQUIRY AS TO AMOUNTS PAID TO YOUR BROTHER MIGUEL T. ACIERTO, IN THE CASE OF YOUR DECEASED STEP-BROTHER, ANTONIO ACIERTO, COOK FIRST CLASS, UNITED STATES NAVY.

IT APPARENTLY IS YOUR BELIEF THAT YOU ARE ENTITLED TO SHARE IN ANY AMOUNT PAID TO MIGUEL T. ACIERTO.

BY SETTLEMENT OF OUR CLAIMS DIVISION DATED OCTOBER 7, 1946, MIGUEL T. ACIERTO, AS BROTHER OF ANTONIO ACIERTO, DECEASED, WAS ALLOWED THE SUM OF $1,026 REPRESENTING THE SIX MONTHS' DEATH GRATUITY PAY DUE IN THE CASE OF THE DECEDENT. SUBSEQUENT TO THE PAYMENT OF THE GRATUITY, EVIDENCE WAS RECEIVED WHICH SHOWED THAT THE DECEDENT WAS SURVIVED BY A SON, RAYMOND JAMES ACIERTO. UNDER SUCH CIRCUMSTANCES, MIGUEL T. ACIERTO WAS NOT ENTITLED TO THE AMOUNT PAID. HOWEVER, IRRESPECTIVE OF WHO MAY BE THE PROPER BENEFICIARY UNDER THE LAW, IT IS CLEAR THAT PAYMENT COULD NOT BE MADE TO YOU SINCE, AS YOU WERE ADVISED BY SETTLEMENT OF OUR CLAIMS DIVISION DATED SEPTEMBER 27, 1946, A STEPSISTER IS NOT ENTITLED TO ANY PAYMENT UNDER THE LAW AUTHORIZING THE GRATUITY.

RESPECTING THE PAYMENT AND DISTRIBUTION OF THE ARREARS OF PAY DUE IN THE CASE OF YOUR DECEASED STEPBROTHER, YOU WERE ADVISED BY OUR DECISION OF JANUARY 22, 1951, B-74734, THAT PURSUANT TO THE PROVISIONS OF COMMONWEALTH ACT NO. 675, APPROVED JULY 24, 1945, THE AMOUNT OF ARREARS OF PAY DUE WAS CERTIFIED FOR PAYMENT TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, AS ADMINISTRATOR OF THE ESTATE OF YOUR LATE STEPBROTHER. YOU WERE ALSO ADVISED THAT UNDER THE LAW IN EFFECT AT THE TIME OF THE ALLOWANCE, THE ADMINISTRATION OF ARREARS OF PAY DUE A DECEASED FILIPINO WHO WAS A MEMBER OF THE UNITED STATES NAVY WAS SOLELY FOR CONSIDERATION BY THAT OFFICIAL AND THAT OUR OFFICE WAS WITHOUT KNOWLEDGE REGARDING THE DISTRIBUTION MADE BY HIM. A COPY OF THE DECISION OF JANUARY 22, 1951, IS ENCLOSED.

WE KNOW OF NO PROVISION OF LAW WHICH WOULD PERMIT PAYMENT TO YOU OF ANY AMOUNT INCIDENT TO THE NAVAL SERVICE OF YOUR STEPBROTHER.