B-139867, AUG. 7, 1959

B-139867, AUG. 7, 1959

TO MRS. PURITA LIWANAG VDA DE BISENTE:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 7, 1959, CONCERNING YOUR CLAIM FOR ARREARS OF PAY BELIEVED TO BE DUE YOU AS THE WIDOW OF THE LATE DOMINGO BISENTE, AS OF FEBRUARY 27, 1942, THE DATE OF HIS DEATH WHILE SERVING AS AN ENLISTED MAN, UNITED STATES NAVY.

AFTER THE RECEIPT OF YOUR ORIGINAL CLAIM DATED OCTOBER 3, 1945, FOR THE ARREARS OF PAY DUE THE DECEDENT, OUR CLAIMS DIVISION BY LETTER DATED DECEMBER 31, 1946, ADVISED YOU THAT SETTLEMENT OF THE CLAIM WAS BEING STATED IN FAVOR OF THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, AS ADMINISTRATOR OF THE DECEDENT'S ESTATE, AND THAT YOUR CLAIM AS WIDOW SHOULD BE SUBMITTED TO HIM. BY SETTLEMENT DATED JANUARY 2, 1947, THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, AS ADMINISTRATOR OF THE ESTATE OF THE DECEDENT, WAS ALLOWED THE SUM OF $340.05, REPRESENTING ARREARS OF PAY DUE AT THE DATE OF DEATH. SUBSEQUENTLY, IN REPLY TO YOUR LETTER OF MARCH 7, 1950, THE CLAIMS DIVISION BY LETTER OF APRIL 26, 1950, ADVISED YOU THAT FURTHER CORRESPONDENCE IN CONNECTION WITH YOUR CLAIM SHOULD BE ADDRESSED TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, SINCE PAYMENT OF THE FULL AMOUNT FOUND DUE HAD BEEN ALLOWED TO HIM BY THE SETTLEMENT OF JANUARY 2, 1947. ALLOWED TO HIM BY THE SETTLEMENT OF JANUARY 2, 1947.

THE SETTLEMENT OF CLAIMS FOR AMOUNTS DUE DECEASED MEMBERS OF THE NAVY WHO DIED PRIOR TO JANUARY 1, 1956, WAS GOVERNED BY THE ACT OF MAY 27, 1908, 35 STAT. 373, AS AMENDED BY THE ACT OF FEBRUARY 25, 1946, 60 STAT. 30. WHILE THAT ACT PERMITS PAYMENT OF THE AMOUNT DUE TO A WIDOW, SUCH PAYMENT IS AUTHORIZED ONLY IN THE EVENT A DEMAND IS NOT PRESENTED BY A DULY APPOINTED LEGAL REPRESENTATIVE OF THE ESTATE. UPON THE RECEIPT OF SUCH A DEMAND BY A LEGAL REPRESENTATIVE THE ACT REQUIRED THAT THE AMOUNT DUE BE ALLOWED TO SUCH REPRESENTATIVE.

PHILIPPINE REPUBLIC ACT NO. 136, SECTION 1, AS AMENDED, NOW CONTAINED IN SECTION 58 OF TITLE 78, PHILIPPINE ANNOTATED LAWS PROVIDES, AMONG OTHER THINGS, THAT MONIES UNDER THE LAWS OF THE UNITED STATES AND OF THE PHILIPPINES DUE TO THE DECEASED OR INCOMPETENT FILIPINOS WHO WERE MEMBERS OF THE UNITED STATES ARMY, UNITED STATES NAVY, OR THE PHILIPPINE SCOUTS, THE DECEDENTS BEING DOMICILED IN THE PHILIPPINES AT THE TIME OF THEIR DEATH, SHALL BE ADMINISTERED BY THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, OR HIS DULY AUTHORIZED REPRESENTATIVES.

UNDER THE ABOVE STATUTES, WHERE THE DECEASED MEMBER WAS A CITIZEN OR DOMICILIARY OF THE PHILIPPINES AT THE TIME OF HIS DEATH, OCCURRING BEFORE JANUARY 1, 1956, THE LAW REQUIRES THAT THE JUDGE ADVOCATE GENERAL, AS THE ADMINISTRATOR OF THE ESTATE, BE RECOGNIZED AS THE LAWFUL CLAIMANT. HENCE, THE SETTLEMENT OF JANUARY 2, 1947, ALLOWING THE AMOUNT DUE TO THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, AS THE ADMINISTRATOR OF THE ESTATE OF THE DECEDENT, WAS PROPER AND CONSTITUTED AN ACQUITTANCE TO THE GOVERNMENT OF ITS OBLIGATION IN THE MATTER.

ACCORDINGLY, WE AGAIN MUST ADVISE YOU THAT ANY PAYMENT OF THE ARREARS OF PAY TO YOU IS A MATTER FOR ADJUSTMENT WITH THE JUDGE ADVOCATE GENERAL OF THE PHILIPPINE ARMY, NOW THE JUDGE ADVOCATE GENERAL OF THE ARMED FORCES OF THE PHILIPPINES. WE SUGGEST THAT YOU RENEW YOUR CLAIM TO THE OFFICE OF THAT OFFICIAL AND IF YOU ARE UNABLE TO OBTAIN SATISFACTION PERHAPS THE REPRESENTATIVE OF A LOCAL SERVICEMAN'S ORGANIZATION MAY BE ABLE TO ASSIST YOU.