Álvarez Camps v. Pérez

74 P.R. 423
CourtSupreme Court of Puerto Rico
DecidedMarch 9, 1953
DocketNo. 10750
StatusPublished

This text of 74 P.R. 423 (Álvarez Camps v. Pérez) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Álvarez Camps v. Pérez, 74 P.R. 423 (prsupreme 1953).

Opinion

Mr. Justice Ortiz

delivered the opinion of the Court.

In the District Court of Puerto Rico, San Juan Section, Luis Alvarez Camps filed an action for damages, alleging that the defendant’s wife had slandered him inasmuch as, in the presence and within earshot of a number of persons, she publicly uttered that plaintiff was a thief and had stolen from her one hundred and eighty dollars, these statements being false.

[424]*424After a hearing on the merits, the San Juan Court made the following findings of fact which have not been protested on appeal:

“1. That defendant Manuel Pérez is married to Rosa Maria Rodriguez, with whom he lives as husband and wife in San-turce, San Juan, Puerto Rico.
“2. That between 4:00 and 5:00 P.M. (four and five in the afternoon) of July 7, 1950 and at Tapia Street of Santurce, San Juan, Puerto Rico, Rosa María Rodriguez, defendant’s wife, told plaintiff: ‘Look here, thief, you stole $180 (one hundred and eighty dollars) from me.’
“3. That the previous phrase was uttered by Rosa Maria Rodriguez publicly in a loud voice, being heard by plaintiff and other persons who were present.
“4. That plaintiff owed defendant the amount of one hundred dollars ($100) which the latter’s wife was trying to collect from plaintiff and which the counter-plaintiff alleges his wife was trying to collect.
“5. That the afore-mentioned conduct of the wife of defendant, counter-claimant, morally affected plaintiff Luis Alvarez Camps adversely causing him also mental sufferings and prejudice to his reputation.
“6. That the court considers the damages suffered by plaintiff in One Thousand Dollars ($1,000).
“7. That plaintiff at no time or at any place uttered neither insulting, slanderous or depressing words against or in the presence of the wife of the defendant, counter-claimant, or in the presence of any person whatsoever. The court gives no credit to the testimonies offered by defendant counter-claimant.”

The court a quo rendered judgment sustaining the complaint and ordering defendant to pay plaintiff the amount of $1,000 for damages and $250 for attorney’s fees. Defendant has appealed assigning the following errors:

“1. The Court of First Instance of Puerto Rico, Superior Court, San Juan Part, committed error in sustaining the complaint, concluding as a matter of law that the wife of the defendant-appellant committed the crime of slander when she falsely imputed on plaintiff-appellee the commission of a public [425]*425offense, by virtue of the phrase uttered by the wife of defendant-appellant and addressed to plaintiff-appellee and which was the following: “Look here you thief, you stole $180 from me” (T. E. pp. 9-10), presuming, although it does not appear from the findings of fact of the lower court, that the word thief in the way in which it was used, is slanderous per se.
“2. The lower court committed error in rendering judgment ordering defendant-appellant to pay plaintiff-appellee the amount of $1,000 for damages, and $250 attorney’s fees.”

From plaintiff’s evidence believed by the court a quo, and from the findings of fact already listed, the following essential facts appear:

1. That plaintiff previously owed an amount of money to defendant’s wife, and had not paid it.

2. That when she told plaintiff that he was a thief .and had stolen $180 from her, defendant’s wife did not mention nor referred to the aforesaid debt, nor addressed her imputation to plaintiff with any words which would make the hearers and the public know that there was a previous debt, nor did she utter any words which tended to show that her accusation was based on the' fact that plaintiff had not paid the debt. She confined herself exclusively to stating that plaintiff was a thief and had stolen $180 from her.

The prevailing doctrines in Puerto Rico on the subject matter of this suit are adequately expressed in Moraza v. Rexach, Sporting Corp., 68 P.R.R. 433, 439, where the following is stated:

“The district court was apparently of the view that calling a person a ‘thief’ automatically gives rise to a cause of action for slander, regardless of the surrounding circumstances or the context in which the epithet is used. In finding for the plaintiff, it said that ‘In the common parlance of Puerto Rico the word “pillo” is a synonym for “thief”. Tó call a person a thief is libelous per se. Jiménez v. Díaz Caneja, 14 P.R.R. 91 Palou v. Rios, 23 P.R.R. 337; Mulero v. Martinez, 58 P.R.R. 322.'
“When a statement is slanderous per se, recovery lies without proof of special damages. Méndez v. Kraidman, 63 P.R.R. 270. But under our statute the statement is slanderous per se [426]*426only if it imputes to the plaintiff the commission of a crime. Section 3 of the Act establishing the actions of libel and slander, Code of Civil Procedure, 1933 ed., p. 309. A statement that the plaintiff is a thief is therefore slanderous per se if the epithet is used literally to impute the commission of a crime. But if the circumstances and context show that the phrase was uttered figuratively as a mere term of abuse in an outburst of excitement and passion, it does not constitute an imputation that the plaintiff committed a crime and is therefore not slanderous per se. Annotation, 37 A.L.R. 883; L.R.A. 1917 D 205; Hansen v. Dethridge, 67 N.Y.S. 2d 168 (1946); Jones v. Hill, 146 P. 2d 294 (Okla., 1944); Dalton v. Woodward, 280 N. W. 215 (Neb., 1938); Shankroff v. La Guardia, 61 N.Y.S. (2) 839 (1935).
“The cases cited by the lower court are in accord with this view. No contention was made in the Jiménez case that the defendant was not using the word ‘thief’ literally. And the actual holding was in favor of the defendant on a question not relevant here. In Mulero v. Martínez, supra; Díaz v. P. R. Ry., Light & Power Co., 63 P.R.R. 776, and cases cited therein, the statements were clear imputations of crime rather than terms of abuse used figuratively.
“On the other hand, the Palou case is directly in point. There the defendant had leased real property to a firm of which the plaintiff was a member. In the course of demanding payment from the plaintiff of instalments of the rent, the defendant called the plaintiff a ‘reprobate, a thief and a robber.’ We reversed the judgment of the district court in favor of the plaintiff, saying at p. 340:
“ ‘Now, according to law and jurisprudence, calling a person a thief does not always constitute slander, and after a careful consideration of the evidence introduced and of the findings of fact made by the trial judge, it is not possible, in our opinion, to conclude that the manifest intention of the defendant in this action was to charge the plaintiff with an actual crime of theft or robbery. There is no doubt that the defendant attempted to collect a debt from the plaintiff in an improper and abusive manner.

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