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MANIGBAS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 30. THE CLAIM WAS ALLOWED IN AN AMOUNT OF 3. THE DISALLOWANCE WAS PREDICATED UPON THE FACTS OF THE CASE AND RECOMMENDATION APPEARING IN A REPORT FROM THE CHIEF OF FINANCE. ALSO ADVANCE OTHER CONTENTIONS WHICH ARE AT VARIANCE WITH EARLIER FINDINGS OF THE DEPARTMENT OF THE ARMY. IT IS A WELL ESTABLISHED RULE OF THE ACCOUNTING OFFICERS OF THE UNITED STATES GOVERNMENT. THERE IS NO SUCH EVIDENCE IN THIS CASE. THE CLAIMS DIVISION OF OUR OFFICE WILL ISSUE A SUPPLEMENTAL SETTLEMENT IN THE AMOUNT OF 2.

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B-126412, NOV. 26, 1956

TO DR. FRANCISCO Y. MANIGBAS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 30, 1955, WITH ENCLOSURES, AND TO YOUR SUBSEQUENT CORRESPONDENCE, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR DAMAGES TO YOUR PROPERTY AS A RESULT OF THE USE AND OCCUPANCY THEREOF BY THE DEPARTMENT OF THE ARMY, UNDER LEASE NO. W 2570 ENG., B-449, DATED SEPTEMBER 5, 1945.

BY SETTLEMENT OF OUR OFFICE DATED NOVEMBER 21, 1951, THE CLAIM WAS ALLOWED IN AN AMOUNT OF 3,800 PESOS (PHILIPPINE PESOS), AND DISALLOWED IN THE AMOUNT OF 76,733.20 PESOS. THE DISALLOWANCE WAS PREDICATED UPON THE FACTS OF THE CASE AND RECOMMENDATION APPEARING IN A REPORT FROM THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY. THE REPORT, IN SUBSTANCE, DISCLOSED THAT THE AMOUNT OF 3,800 PESOS RECOMMENDED FOR PAYMENT, REPRESENTED A FAIR EVALUATION OF THE DAMAGES TO THE PROPERTY COVERED BY THE LEASE, ASCERTAINED BY A FAIR AND IMPARTIAL APPRAISAL.

IN YOUR LETTER OF NOVEMBER 30, 1955, YOU QUESTION THE ADEQUACY OF THE AMOUNT FOUND DUE YOU FOR DAMAGES, AND ALSO ADVANCE OTHER CONTENTIONS WHICH ARE AT VARIANCE WITH EARLIER FINDINGS OF THE DEPARTMENT OF THE ARMY. THEREFORE, OUR OFFICE REFERRED THE MATTER BACK TO THE DEPARTMENT OF THE ARMY FOR A SUPPLEMENTAL REPORT IN THE LIGHT OF YOUR CONTENTIONS.

UNDER DATE OF NOVEMBER 9, 1956, THE DEPARTMENT OF THE ARMY FORWARDED HERE A FURTHER REPORT ON THE CASE WHICH DOES NOT SUPPORT YOUR STATEMENTS WITH RESPECT TO THE VALUE OF THE PROPERTY, AND THE MEASURE OF DAMAGES INVOLVED.

IT IS A WELL ESTABLISHED RULE OF THE ACCOUNTING OFFICERS OF THE UNITED STATES GOVERNMENT, IN CASES OF DISPUTED QUESTIONS OF FACT BETWEEN A CLAIMANT AND THE ADMINISTRATIVE OFFICERS OF THE GOVERNMENT, TO ACCEPT THE STATEMENT OF FACTS FURNISHED BY THE ADMINISTRATIVE OFFICERS IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. THERE IS NO SUCH EVIDENCE IN THIS CASE.

HOWEVER, THE DEPARTMENT OF THE ARMY HAS REDETERMINED THE AMOUNT OF DAMAGES DUE IN YOUR CASE--- BASED UPON A FORMULA CONSIDERED TO BE CORRECT AND REASONABLE--- AND HAS RECOMMENDED A FURTHER PAYMENT TO YOU IN THE AMOUNT OF 2,384.18 PESOS.

ACCORDINGLY, THE CLAIMS DIVISION OF OUR OFFICE WILL ISSUE A SUPPLEMENTAL SETTLEMENT IN THE AMOUNT OF 2,384.18 PESOS TO YOU IN DUE COURSE.

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