FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES
WASHINGTON 25, D.C.
INFORMATION AND INSTRUCTIONS FOR PREPARING AND FILING CLAIMS UNDER PUBLIC LAW 87-616 FOR THE PAYMENT OF THE UNPAID BALANCE OF AWARDS MADE BY THE FORMER PHILIPPINE WAR DAMAGE COMMISSION.
General Statement
READ CAREFULLY BEFORE COMPLETING CLAIM FORM
Eligible Claims-Public Law 87-616authorizes the Foreign Claims Settlement Commission of the United Statesto pay claimants the remaining 22.5 percent due them on account of awards made by the Philippine War Damage Commissionunder the terms of the Philippine Rehabilitation Act of 1946. Only those claimants, or their successors in interest, having unpaid balances due on awards as determined by the former Philippine War Damage Commissionprior to its abolishment in April 1951, have eligible claims under Public Law 87-616.
Ineligible Claims.-Public Law 87-616provides for the payment of the unpaid balances of awards made by the former Philippine War Damage Commission. The law does not provide for:
(1) Filing of new claims;
(2) Amendments to old claims to include losses for additional property;
(3) Payment of compensation for that part of Philippine war damage claim previously disallowed;
(4) Payment of compensation in claims where the approved amount was $500 (1* 1,000) or less;
(5) Payment of compensation under Public Law 87-616if you purchased this claim from the original owner (except where such purchase was in the ordinary course of business in connection with the acquisition of all assets of a business firm);
(6) Claims for other benefits, such as back pay, supplies and services furnished to military forces during World War II, prisoner-of-war benefits, veterans pensions and benefits, and other similar claims.
These claims are ineligible for compensation under Public Law 87-616. Therefore, if your claim is one of the types mentioned above as ineligible for compensation under the law, please DO NOT file this claim application (FCSC Form 616).
Claims Filing Period.-Claims authorized under Public Law 87-616must he filed with the Commission's principal office in Washington, D.C., or with its field office in Manilaon or before midnight December 15, 1963. Claims mailed in the Philippinesshould be addressed to its Manilaoffice; those mailed in the continental limits of the United Statesor elsewhere should be forwarded to the Washington, D.C., office.
Statement of Claims.-Statements of claims must be prepared in the English language and filed in duplicate on the official FCSCForm 616, signed by claimants and delivered or forwarded by mail to the Foreign Claims Settlement Commission, Washington25, D.C., if claimant resides outside the Philippines. If claimant resides in the Philippines, claims may be filed with the Commission's office in Manila. If you need more space to answer any questions, attach a piece of plain paper, numbering the answers to correspond with the questions appearing on the application.
Joint Claims.-If more than one person has an interest in the claim it is preferable that they file a single claim application form.
Agents and Attorneys.-Agents acting on behalf of claimants are not recognized by this Commission. Under the Commission's regulations, a claimant before it may (1) appear in his own behalf, or (2) be represented by an attorney at law admitted to practice in any State or territory of the United States, the District. of Columbia; or by an attorney at law in good standing with the Philippine Bar Associationor the Philippine Supreme Court.
Attorney's Fees.-The total remuneration on account of services rendered or to be rendered to or on behalf of any applicant in connection with any application filed under Public Law 87-616, shall not exceed 5 per centum of the amount paid by the Commission on account of such application. Any agreement to the contrary shall be unlawful and void and the Commission is authorized to take such action as may he appropriate to recover same.
It should be noted that such fees are restricted to 5 per centum of the actual amount authorized to be paid on account of the claim by this Commission.
Reinvestments.-Payments to claimants residing in the Philippinesin amounts over 25,000 pesos or equivalent value in dollars are subjected to the provisions of section 104(c) of the Philippine Rehabilitation Act of 1946. Claimants residing outside the Philippinesmust establish to the satisfaction of the Commission that since the date of the loss or damage on account of which the original award was made, they have heretofore invested in such manner as furthered the rehabilitation or economic development of the Philippines.
These provisions are made under sections 1 and 5(a) of Public Law 87-616, which is quoted, in part, as follows:
SEC. 1. ". . . . No payments hall be made under this Act to any person, or to his successors in interest, on account of any award unless payment was made on such award under the Philippine Rehabilitation Act of 1946, and the maximum amount paid under this Act, when added to amounts paid under the Philippine Rehabilitation Act of 1946and section 7 of the War Claims Act of 1948on account of any claim shell not exceed the aggregate amount of claims approved in favor of such claimant after reduction under the last proviso of section 102(a) of the Philippine Rehabilitation Act of 1946. All payments under this Act in amounts over 25,000 pesos or equivalent value in dollars shall be subject to the provisions of section 104(c) of the Philippine Rehabilitation Act of 1946."
SEC. 5(a). ". . . . Payments authorized under this Act shall be made in United Statesdollars or in Philippinepesos at the option of the Secretary of the Treasury; however, notwithstanding the last sentence of the first section of this Act, payment shall not be made outside of the Republic of the Philippinesto any claimant residing outside the Republic of the Philippinesunless he establishes to the satisfaction of the Commission that since the date of the loss or damage on account of which the original award was made he has heretofore invested in such manner as furthered the rehabilitation or economic development of the Philippinesan amount not less than the claims approved in his favor after reduction under the last proviso of section 102(a) of the Philippine Rehabilitation Act of 1946." [The last proviso of section 102(a) of the Philippine Rehabilitation Act of 1946is quoted as follows:
That in case the aggregate amount of the claims which would be payable to any one claimant under the foregoing provisions exceeds $500, the aggregate amount of the claims approval in favor of such claimant shall be reduced by 25 per centum of the excess over $500.]
[Section 104(c) of the Philippine Rehabilitation Act of 1946is quoted as follows:
All the provisions of this title shall be subject to the requirement that, to the fullest extent practicable, the Commission shall require that the lust or damaged property be rebuilt, replaced or repaired before payments of money are actually made to claimants under this title.]
Penalties.-Section 1001, Title 18 of the United StatesCode provides that whoever, in any matter within the Jurisdiction of any department or agency of the United Statesknowingly, and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statement or representations, or makes or uses any false writing or document, knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be liable to criminal penalties. Any person guilty of any act, as provided therein, with respect to any mutter under these provisions shall forfeit all rights under the act, and, if payment shall have been made or granted, the Commission shall take such action as may be necessary to recover the same. Any person who pays, offers to pay, or promises to pay in excess of 5 per centum of the compensation certified by the Commission for services rendered to claimant in connection with any claim shall forfeit all rights to benefits and the Commission shall take such action as may be appropriate to recover the same.
IF YOU NEED MORE SPACE TO ANSWER ANY QUESTION, ATTACH A PIECE OF PLAIN PAPER NUMBERING THE ANSWERS TO CORRESPOND WITH THE QUESTIONS APPEARING ON THE APPLICATION DO NOT FORGET TO SIGN THIS APPLICATION IT IS IMPORTANT THAT THE COMMISSION BE NOTIFIED IMMEDIATELY OF ANY CHANGE OF ADDRESS OR STATUS OF CLAIM
MAIL APPLICATION TO FOREIGN CLAIMS SETTLEMENT COMMISSIONON OR BEFORE DECEMBER 15, 1963
IF YOU RESIDE IN THE PHILIPPINES, MAIL OR BRING APPLICATION TO THE FOREIGN CLAIMS SETTLEMENT COMMISSIONBRANCH OFFICE, MANILA
IF YOU RESIDE OUTSIDE THE PHILIPPINES, MAIL YOUR APPLICATION TO FOREIGN CLAIMS SETTLEMENT COMMISSION, WASHINGTON25, D.C.
IMPORTANT.-ALL QUESTIONS INCLUDED IN THE STATEMENT OF CLAIM FORM MUST BE ANSWERED. THE STATEMENT OF CLAIM MUST BE SIGNED.
DETACH THIS INSTRUCTION SHEET AND DO NOT RETURN WITH THE COMPLETED CLAIM FORM.
FCSC Form 16
Budget Burcan No.01-RCSE
Approval expirer Dec.31. 1964.
FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES
Washington 25, D.C.
PHILIPPINE WAR DAMAGE COMMISSION CLAIM NO.
CLAIM
FOR UNPAID BALANCE OF AWARDS FOR WAR DAMAGE COMPENSATION MADE BY THE PHILIPPINE WAR DAMAGE COMMISSIONUNDER THE TERMS OF THE PHILIPPINE REHABILITATION ACT OF APRIL 30, 1946.
Pursuant to authority granted under Public Law 87-616(76 Stat. 411; 50 U.S.C. App. 1751-1785 note) the Foreign Claims Settlement Commission of the United States, is authorized to provide for the payment of the unpaid balance of awards heretofore made by the Philippine War Damage Commissionunder title I of the Philippine Rehabilitation Act of 1946. The act does NOT provide for the filing of new claims for such damages, nor does it make provisions for any amendment to the claim previously acted upon by the former Philippine War Damage Commission.
An original and one copy of this form and each supporting exhibit must be filed. Each document in a language other than English must be accompanied by a verified English translation. Answers should be typed or printed. It is suggested that you read the information and instruction sheet thoroughly before completing this claims application form. Time for filing claims expires at midnight, 12:00 p.m. December 15, 1963. If more space is necessary to complete this application, additional sheets of paper may be attached.
1. Name of claimant (Last) (First) (Middle)
2. Address of claimant
3. If this is not your usual place of residence, please furnish such address:
4. Name and address of attorney (if any)
5. Is claimant the person or persons who filed original claim? (yes or no).
If answer is "No" (a) give name and former address of person or organization under which the claim was originally filed , and (b) give reason why you are filing this claim (e.g., death of original claimant, organization dissolved, assignment of claim) (Please complete answer to question 10 of this form.)
6. Please furnish information from the "CLAIMANTS NOTICE" which was issued to claimant by the Philippine War Damage Commissionas follows:
AMOUNT CLAIMED"AMOUNT DISALLOWED"AMOUNT APPROVED"AMOUNT PAID"AMOUNT DUE IMPORTANT.-It is important that the information furnished above be written exactly as stated on the "CLAIMANTS NOTICE" to insure proper identification of claim. If such notice has been lost, please indicate.
7. To BE COMPLETED ONLY BY PERSONS WHOSE PAYMENTS UNDER THIS ACT WILL EXCEED 25,000 PESOS. Indicate the extent to which the property upon which the original claim was based has been rebuilt, replaced or repaired.
Evidence concerning such repairs or investment is contained in exhibit enclosed herein marked "Exhibit
8. TO BE COMPLETED ONLY BY CLAIMANTS RESIDING OUTSIDE THE PHILIPPINES. Before payment is made outside the Philippinesto any claimant residing outside the Philippineshe must establish that since the date of loss or damage on account of which the original award was made, he has heretofore invested in such manner as furthered the rehabilitation or economic development of the Philippinesan amount not less than the claim approved in his favor, after reduction of 25 percent as required under section 102(a) of the Philippine Rehabilitation Act of 1946. Indicate to what extent such investment has been made Evidence concerning such investment is contained in the exhibit enclosed here nareed "Exhibit ."
9. To BE COMPLETED ONLY BY CLAIMANTS OTHER THAN THE ORIGINAL AWARDER. In ease the application is filed by persons other than the original claimant ▣...▣in dicate: (1) In case of death of the original claimant, the date and place of death, and whether or not the deceased died testate or intestate,
(2) In case claim was purchased, give details regarding such purchase,
(3) In case claimant was a corporation dissolved since the last payment on account of the award by the Philippine War Damage Commission, give complete details including your right and capacity to file for the unpaid balance on account of the award, ;
(4) In case of any other reason, so state and give explanation of your interest in claim.
10. Set forth any additional facts pertinent to this claim,
IMPORTANT.-ALL QUESTIONS CONTAINED ON THIS FORM MUST BE ANSWERED. If claimant does not know the answer to a question or the question is not applicable to his claim, claimant should write "UNKNOWN" or "INAPPLICABLE" in the proper apace.
11. (In case of an individual claimant.) The undersigned states that he is the claimant herein; that he has read the foregoing statement of claim and each statement and exhibit attached thereto and knows the contents thereof; that the same is true to his own knowledge, except as to matters therein stated to be alleged on information and belief, and that as to those matters he believes them to be true.
Dated , 196_(Signature or mark)
If by mark, two witnesses:
Name Address
Name Address
12. (For use in the case of a corporate or other entity claimant.) The undersigned states that he is the (Title or Offce) of the claimant herein; that he is duly authorized to sign and file this claim on behalf of the claimant; that he has read the foregoing statement of claim and each statement and exhibit attached thereto and knows the contents thereof; that the same is true to his own knowledge, except as to matters therein stated to be alleged on information and belief, and that as to those matters he believes them to be true.
Dated , 196_(Signature)
Seal (if any; if none, so state).
PENALTY.-Any claimant, or any parson filing any claim on behalf of a claimant, who knowingly and willfully conceals a material fact or makes a false statement or representation with respect to any matter before the Commission shall, under law, forfeit all rights to any award or payment on account of this claim and in addition shall be subject to the criminal penalties provided in Title 18, United StatesCode. Section 1001.