Page:United States Statutes at Large Volume 60 Part 1.djvu/156

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79TH CONG. , 2 D SESS.-CII. 243-APR . 30, 1946 the expiration of the time for filing claims under this title if pos- sible, but, in no event later than five years from the enactment of this Act. SEC. 102. (a) The Commission is hereby authorized to make com- lCompensaetcfor pensation to the extent hereinafter provided on account of physical loss or destruction of or damage to property in the Philippines occurring after December 7, 1941 (Philippine time), and before October 1, 1945, as a result of one or more of the following perils: (1) Enemy attack; (2) action taken by or at the request of the military, naval, or air forces of the United States to prevent such property from coming into the possession of the enemy; (3) action taken by enemy representatives, civil or military, or by the repre- sentatives of any government cooperating with the enemy; (4) action by the armed forces of the United States or other forces cooperating with the armed forces of the United States in opposing, resisting or expelling the enemy from the Philippines; (5) looting, pillage, or other lawlessness or disorder accompanying the collapse of civil authority determined by the Commission to have resulted from any of the other perils enumerated in this section or from control by enemy forces: Provided, That such compensation shall be payable Payedmenst to only to qualified persons having, on December 7, 1941 (Philippine Inra time), and continuously to and including the time of loss or damage, an insurable interest as owner, mortgagee, lien holder, or pledgee in such property so lost or damaged: Provided further, That any quali- int erson's fied person who acquired any deceased person's interest in any prop- erty either (1) as heir, devisee, legatee, or distributee, or (2) as executor or administrator of the estate of any such deceased person for the benefit of one or more heirs, devisees, legatees, or distributees, all of whom are qualified persons, shall be deemed to have had the same interest in such property during such deceased person's life- time that such deceased person had: Provided further, That no claim ms disowed shall be approved in an aggregate amount which exceeds whichever of the following amounts, as determined by the Commission, is less: (a) The actual cash value, at the time of loss, of property lost or destroyed and the amount of the actual damage to other property of the claimant which was damaged as a direct result of the causes enumerated in this section; (b) the cost of repairing or rebuilding such lost or damaged property, or replacing the same with other property of like or similar quality: Provided further, That in case R lutiont o aggr the aggregate amount of the claims which would be payable to any one claimant under the foregoing provisions exceeds $500, the aggre- gate amount of the claims approved in favor of such claimant shall be reduced by 25 per centum of the excess over $500. (b) When used in this section, the term "qualified person" means- Qualifed person." (1) any individual, who on December 7, 1941 (Philippine time), and continuously to the time of filing claim pursuant to this title, was a citizen of the United States or of the Common- wealth of the Philippines or of the Republic of the Philippines or who, being a citizen of a nation not an enemy of the United States, which nation grants reciprocal war damage payments to American citizens resident in such countries was for five years prior to December 7, 1941, a resident of the Philippines; (2) any individual, who at any time subsequent to September 16, 1940, and prior to August 14, 1945, served honorably in the armed forces of the United States or of the Commonwealth of the Philippines, or honorably performed "service in the mer- chant marine" (as defined in the first section of the Act entitled "An Act to provide reemployment rights for persons who leave 80634°-47-PT . I-9 129 60 STAT.]