B-83591, JUL. 25, 1967

B-83591: Jul 25, 1967

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ARMED FORCES OF THE PHILIPPINES: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 22. APPARENTLY USED THE RECORDS PERTAINING TO THAT OF ANOTHER VETERAN BY THE SAME NAME WHO WAS A PHILIPPINE SCOUT AND SON OF PANTALEON SABADO AND PETRA DATUIN. YOU ALSO SAY IN YOUR LETTER THAT BASED ON THE DETERMINATION BY THE RECOVERED PERSONNEL DIVISION THAT ALFONSO SABADO WAS A PHILIPPINE SCOUT FOR WHOSE ARREARS IN PAY CORNELIO AND EUGENIA SABADO FILED A CLAIM. YOUR OFFICE DISTRIBUTED THE MONEY TO THEM AS HIS LEGAL HEIRS BUT THAT IT HAS NOW DEVELOPED THAT THEIR SON WAS NOT A SCOUT BUT A MEMBER OF THE USAFFE. WHO WAS THE PHILIPPINE SCOUT. HAS NOT BEEN PAID AND THE ERROR WAS APPARENTLY MADE IN GOOD FAITH.

B-83591, JUL. 25, 1967

ARMED SERVICES - PAY - WORLD WAR II SERVICE DECISION TO JAG, ARMED FORCES OF THE PHILIPPINES, CONCERNING DISTRIBUTION OF PAY DUE DECEASED PHILIPPINE SCOUT.

TO GENERAL HEADQUARTERS, ARMED FORCES OF THE PHILIPPINES:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 22, 1967 (JAG4-DPS 142), CONCERNING THE DISTRIBUTION OF THE PAY DUE IN THE CASE OF THE LATE ALFONSO SABADO, ASN10300904, DECEASED PHILIPPINE SCOUT.

YOU STATE THAT THE RECORDS OF YOUR OFFICE INDICATE THAT THE RECOVERED PERSONNEL DIVISION, PHILRYCOM, APO 707, TRANSMITTED TO YOU ON APRIL 24, 1946, THE CLAIM PAPERS RELATING TO PFC ALFONSO SABADO, ASN10300904, 45TH INFANTRY (PS), AS THOSE OF THE CLAIM FILED BY HIS PARENTS, CORNELIO AND EUGENIA SABADO, FROM CAMILING, TARLAC. YOU SAY, HOWEVER, THAT THE RECOVERED PERSONNEL DIVISION, IN TAKING ACTION ON THE PARENTS' CLAIM FOR PAY DUE THEIR SON, ALFONSO SABADO, K COMPANY, 3RD BATTALION, 42ND INFANTRY REGIMENT (A USAFFE), WHO DIED OF SHRAPNEL WOUNDS IN BATAAN ON APRIL 3, 1942, APPARENTLY USED THE RECORDS PERTAINING TO THAT OF ANOTHER VETERAN BY THE SAME NAME WHO WAS A PHILIPPINE SCOUT AND SON OF PANTALEON SABADO AND PETRA DATUIN, OF BARRIO PINAGKAISAHAN, SAN PEDRO, MAKATI, RIZAL, PHILIPPINES. YOU ALSO SAY IN YOUR LETTER THAT BASED ON THE DETERMINATION BY THE RECOVERED PERSONNEL DIVISION THAT ALFONSO SABADO WAS A PHILIPPINE SCOUT FOR WHOSE ARREARS IN PAY CORNELIO AND EUGENIA SABADO FILED A CLAIM, YOUR OFFICE DISTRIBUTED THE MONEY TO THEM AS HIS LEGAL HEIRS BUT THAT IT HAS NOW DEVELOPED THAT THEIR SON WAS NOT A SCOUT BUT A MEMBER OF THE USAFFE.

ON THE BASIS THAT THE CLAIM OF PETRA DATUIN VDA. DE SABADO FOR THE PAY DUE HER DECEASED SON, PFA ALFONSO SABADO, ASN10300904, 45TH INFANTRY (PS), WHO WAS THE PHILIPPINE SCOUT, HAS NOT BEEN PAID AND THE ERROR WAS APPARENTLY MADE IN GOOD FAITH, YOU REQUEST THAT SHE BE PAID THE AMOUNT DUE HER FOR THE SERVICES OF HER SON.

THE AMOUNT DUE IN THIS CASE WAS NOT THE SUBJECT OF A SETTLEMENT BY US TO THE PARENTS BUT WAS ALLOWED BY OUR CLAIMS DIVISION IN SETTLEMENT DATED NOVEMBER 12, 1946, TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, AS THE ADMINISTRATOR OF THE ESTATE OF ALFONSO SABADO, ASN10300904, DECEASED.

THE PROBLEM OF THE ERRONEOUS DISTRIBUTION OF THE ARREARS OF PAY BY THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY WAS BROUGHT TO OUR ATTENTION BY HEADQUARTERS, PHILIPPINE COMMAND, ON OCTOBER 28, 1948, WITH A REQUEST THAT WE AUTHORIZE A DUPLICATE PAYMENT TO THE PROPER PARENTS. BY DECISION OF MAY 12, 1949, B-83591, COPY ENCLOSED, WE ADVISED THAT HEADQUARTERS, FOR THE REASONS STATED THEREIN, THAT SUCH ACTION COULD NOT BE TAKEN.