TN 31 (08-05)

GN 00307.763 Guides to Resolving Material Discrepancies in Philippine Evidence and Determining Whether Additional Development is Necessary

A. Introduction

This expands the discussion of material discrepancy in GN 00302.160 to include discrepancies in other factors of entitlement.

B. Definitions

1. Validated primary evidence

Validated primary evidence is a record made at or near the date of the event which the Foreign Service Post (FSP) in Manila, Philippines has verified by examining the source record or which the FSP has secured directly from the record's custodian.

2. Unvalidated primary evidence

Unvalidated primary evidence is a record allegedly made at or near the date of the event but which has not been verified by the FSP.

C. Policy

As noted in GN 00307.758, GN 00307.760 and GN 00307.764, certain source records are reliable but certifications of them are not reliable. The FSP must validate the evidence to verify its accuracy when payment of a claim depends solely on that evidence. However, validation is not necessary if the information in the certification can be validated by comparison with another certification of high probative value (e.g. a BRM or RCC record).

D. Procedure

Use the following chart as a guide to determine what development is necessary to resolve a material discrepancy. It does not preclude additional development where the circumstances of the case warrant it. However, document the file with an RC or Special Determination if a portion of the listed development is waived.

If the evidence is....

And a material discrepancy is caused by...

Then....

validated primary evidence

other primary evidence of the same event,

ask the FSP to verify conflicting unverified evidence.

 

secondary evidence,

no action is necessary.

unvalidated primary evidence supported by Catalog of

other primary evidence of the same event,

ask the FSP to verify all primary evidence.

Available Records and appears reliable

secondary evidence

get an explanation from the claimant. Undertake additional development if any questions remain about the validity of the primary evidence.

unvalidated primary evidence — Catalog of

other primary evidence of the same event,

ask the FSP to verify all primary evidence.

Available Records silent as to availability or evidence suspect

secondary evidence,

ask the FSP to verify all evidence. Note exception below.

secondary evidence

other secondary evidence,

get an explanation of the discrepancy from the claimant. Ask the FSP to verify all evidence.

EXCEPTION: Further development is not normally necessary if the claimant satisfactorily explains the discrepancy and the material discrepancy is caused either by:

  • Evidence which did not originate in the Philippines, or

  • Evidence originating in the Philippines which was used to qualify for employment outside the Philippines.


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