B-157479, SEP. 21, 1966

B-157479, SEP. 21, 1966

TO MR. FREDDIE MCCARTHY:

REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 15, 1966, WITH ENCLOSURES, CONCERNING YOUR CLAIM AND THE CLAIMS OF YOUR SISTERS, FOR THE PAY AND ALLOWANCE AND 6 MONTHS' DEATH GRATUITY BELIEVED TO BE DUE INCIDENT TO THE DEATH OF YOUR ASSERTED FATHER, ALBERT MCCARTHY, WHO SERVED AS AN OFFICER IN THE UNITED STATES ARMY IN THE PHILIPPINES DURING WORLD WAR II.

IN OUR DECISION TO YOU DATED MAY 11, 1966, B-157479, WE EXPLAINED THAT IN VIEW OF THE REQUIREMENTS OF THE LAWS OF THE REPUBLIC OF THE PHILIPPINES WE ARE WITHOUT LEGAL AUTHORITY TO ALLOW YOUR CLAIM IN THE ABSENCE OF EVIDENCE ESTABLISHING THAT ALBERT MCCARTHY ACKNOWLEDGED YOU AND YOUR SISTERS AS HIS CHILDREN, OR A COURT DETERMINATION OF YOUR STATUS.

WE AGAIN REVIEWED THE FACTS AND CIRCUMSTANCES OF THE CASE IN OUR DECISION TO YOU DATED JULY 21, 1966, B-157479, AND WE AFFIRMED OUR PRIOR ACTION IN THE MATTER. HOWEVER, WE STATED THAT WE WOULD ALSO CONSIDER AS ACKNOWLEDGMENT OF PATERNITY EVIDENCE OF CORRESPONDENCE FROM YOUR FATHER TO YOUR GRANDFATHER OR TO OTHERS IN WHICH HE REFERS TO YOU AND YOUR SISTERS AS HIS CHILDREN, OR OTHERWISE SHOWING HIS ACKNOWLEDGMENT OF YOU AS HIS CHILDREN.

WITH YOUR PRESENT LETTER YOU ENCLOSED COPIES OF ARMY FORM NO. 341A, CLAIM FOR ARREARS OF PAY OF DECEASED AMERICAN MILITARY PERSONNEL, ARMY OF THE UNITED STATES, WHICH WAS FILED BY YOUR GRANDFATHER, FRANK MCCARTHY, TOGETHER WITH A STATEMENT SHOWING THE NAMES OF YOU AND YOUR SISTERS AND COPY OF HIS AFFIDAVIT THAT HE IS THE FATHER OF ALBERT MCCARTHY, DECEASED, AND THAT HE IS TAKING CARE OF SIX ORPHAN CHILDREN LEFT BY HIS SON. THOSE DOCUMENTS WERE ALREADY A PART OF THE RECORD AND WERE PREVIOUSLY CONSIDERED BY US AND AFFORD NO BASIS FOR ANY DIFFERENT ACTION OF YOUR CLAIM, SINCE THEY DO NOT CONSTITUTE AN ACKNOWLEDGMENT OF PATERNITY BY YOUR FATHER.

CONCERNING YOUR REQUEST FOR ADVICE AS TO HOW YOU MAY PROCEED FURTHER TO ESTABLISH YOUR CLAIM, WE UNDERSTAND THAT UNDER PHILIPPINE LAW, COURTS OF FIRST INSTANCE SHALL HAVE ORIGINAL JURISDICTION IN ALL MATTERS OF PROBATE, BOTH OF TESTATE AND INTESTATE ESTATES, AND THE PAY DUE IN THIS CASE IS AN ASSET OF THE DECEDENT'S ESTATE. ACCORDINGLY, IF YOU WILL SUBMIT TO THIS OFFICE A DULY AUTHENTICATED STATEMENT BY A JUSTICE OF THE COURT OF FIRST INSTANCE HAVING JURISDICTION OF THE ESTATE OF THE LATE ALBERT MCCARTHY THAT UNDER PHILIPPINE LAW IN EFFECT AT THE TIME OF HIS DEATH YOU AND YOUR SISTERS WERE ENTITLED TO SHARE IN THE DISTRIBUTION OF HIS ESTATE AS HIS CHILDREN, FURTHER CONSIDERATION WILL BE GIVEN TO YOUR CLAIM.