B-113925, JUL. 11, 1962

B-113925, JUL. 11, 1962

TO MR. IGNACIO FALLORAN:

REFERENCE IS MADE TO YOUR LETTER OF MAY 14, 1962, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED JANUARY 25, 1960, B-113925, WHICH SUSTAINED THE SETTLEMENT OF MAY 8, 1953, DISALLOWING YOUR CLAIM FOR THE SIX MONTHS' DEATH GRATUITY DUE IN THE CASE OF YOUR LATE BROTHER, MAXIMINIANO FALLORAN, WHO DIED JANUARY 8, 1949, WHILE SERVING AS AN ENLISTED MAN IN THE PHILIPPINE SCOUTS.

IT WAS STATED IN OUR DECISION OF JANUARY 25, 1960, THAT THE OFFICIAL REPORT OF DEATH OF YOUR BROTHER SHOWS THAT HE DESIGNATED AS HIS BENEFICIARIES BOTH YOU AND DOMINGA FALLORAN, DAUGHTER, AND THAT SHE ALLEGES SHE IS THE NATURAL CHILD OF THE DECEDENT AND RUPERTA DOMINGO. ALSO STATED THAT IN VIEW OF SUCH DESIGNATION AND THE CONFLICTING EVIDENCE SUBMITTED BY YOU AND BY DOMINGA FALLORAN AS TO WHETHER OR NOT SHE IS THE NATURAL DAUGHTER OF THE DECEDENT AND RUPERTA DOMINGO, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM IN THE ABSENCE OF A DETERMINATION BY A COURT OF COMPETENT JURISDICTION THAT DOMINGA FALLORAN IS NOT A NATURAL DAUGHTER OF THE DECEDENT. YOU NOW REQUEST FURTHER CONSIDERATION OF THE MATTER ON THE BASIS OF DOCUMENTS SUBMITTED WITH YOUR PRESENT LETTER WHICH YOU SAY SHOWS THAT DOMINGA FALLORAN IS NOT THE NATURAL DAUGHTER OF YOUR DECEASED BROTHER. YOU ALSO SUBMITTED A LETTER DATED JANUARY 25, 1949, ADDRESSED TO YOU BY THE WAR DEPARTMENT ENCLOSING A STATEMENT OF DEATH FOR YOUR BROTHER TO BE USED IN THE SETTLEMENT OF ANY CLAIM IN WHICH PROOF OF HIS DEATH IS REQUIRED.

AS WE EXPLAINED IN OUR DECISION OF JANUARY 25, 1960, THE LAW GOVERNING THE PAYMENT OF THE SIX MONTHS' DEATH GRATUITY, IN EFFECT ON THE DATE OF DEATH OF YOUR LATE BROTHER, WAS CONTAINED IN THE ACT OF DECEMBER 17, 1919, 41 STAT. 367, AS AMENDED, 10 U.S.C. 903 (1946 EDITION). SUCH ACT, AS AMENDED, PROVIDED, AMONG OTHER THINGS, THAT UPON THE RECEIPT OF OFFICIAL NOTIFICATION OF THE DEATH OF ANY OFFICER OR ENLISTED MAN OF THE ARMY THERE SHALL BE PAID TO THE WIDOW, AND IF THERE BE NO WIDOW, TO THE CHILD, OR CHILDREN, AND IF THERE BE NO WIDOW OR CHILD, TO ANY OTHER DEPENDENT RELATIVE OF SUCH OFFICER OR ENLISTED MAN PREVIOUSLY DESIGNATED BY HIM, AN AMOUNT EQUAL TO SIX MONTHS' PAY AT THE RATE RECEIVED BY SUCH OFFICER OR ENLISTED MAN AT THE DATE OF HIS DEATH. THEREFORE, UNDER THE ABOVE-CITED ACT, IN THE ABSENCE OF A SURVIVING WIDOW, THE CLAIM OF A CHILD TAKES PRECEDENCE OVER ANY OTHER DESIGNATED DEPENDENT RELATIVE.

IT HAS LONG BEEN THE RULE, WHICH HAS HAD UNIFORM APPLICATION, THAT THE GOVERNMENT ACCOUNTING OFFICERS SHALL REJECT OR DISALLOW ALL CLAIMS OR ACCOUNTS AS TO THE VALIDITY OF WHICH THEY ARE IN DOUBT. THOSE PERSONS ASSERTING CLAIMS AGAINST THE UNITED STATES HAVE THE BURDEN OF ESTABLISHING THE VALIDITY OF THEIR CLAIMS, AND THE ACCOUNTING OFFICERS ARE NOT REQUIRED OR AUTHORIZED TO CERTIFY FOR PAYMENT CLAIMS NOT SO ESTABLISHED. LONGWILL V. UNITED STATES, 17 CT.CL. 288; CHARLES V. UNITED STATES, 19 CT.CL. 316, 319; 18 COMP. GEN. 199; 26 COMP. GEN. 778, 781. THE PAPERS SUBMITTED WITH YOUR LETTER DO NOT ESTABLISH THAT DOMINGA FALLORAN IS NOT THE NATURAL DAUGHTER OF THE DECEDENT AND ON THE PRESENT RECORD, YOUR CLAIM ADMITS OF TOO MUCH DOUBT TO WARRANT AUTHORIZATION OF PAYMENT BY OUR OFFICE. ACCORDINGLY, UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS MADE A DETERMINATION THAT DOMINGA FALLORAN IS NOT THE NATURAL DAUGHTER OF YOUR