Central San Vicente, Inc. v. Sugar Board

78 P.R. 760
Supreme Court of Puerto Rico·Decided November 14, 1955·No. No. 9·Published

Opinion

Mr. Justice Pérez Pimentel

delivered the opinion of the Court.

Availing themselves of the provisions of § 3 of the Sugar Act — No. 426 of May 13, 1951 (Sess. Laws, p. 1138) — the respective administrators of the proportional-profit farms known as “Ingenio” and “San Antonio,” both owned by the Land Authority, gave notice in October, 1953 to the centrals ■concerned, through the Sugar Board, of their intention to .shift from Central San Vicente, Inc. to the Central Plazuela the grinding of 100 percent of their cane. The Central San Vicente, Inc. objected to the proposed change, alleging that it had acquired, through contractual stipulations, the right to grind all the cane cultivated in those farms. The controversy between the parties concerned was submitted to the Sugar Board for decision on the basis of a stipulation of fact .and of certain documentary evidence, from all of which it appears as follows: In the receivership proceedings had in The People v. Rubert Hermanos, Inc., quo warranto No. 2, the “Ingenio” farm was sold in 1946 to the Land Authority by deed No. 21, executed on August 18 of that year before Notary Antonio Riera, one of the conditions being that the ■cane produced by that farm “shall hereafter be ground in the Central San Vicente . . . until otherwise provided by [762] the Public Service Commission of Puerto Rico.” 1 Pursuant to the Consent Decree entered in The People v. Carmen Céntrale, Inc., et al., quo warranto No. 15, Carmen Céntrale, Inc. sold the “San Antonio” farm to the Land Authority by deed No. 14 executed on May 6, 1946, before Notary Aureliano Rivas, subject to a similar condition to the effect that the purchasing Authority bound itself to grind all the cane in the mills of Carmen Céntrale, Inc., its successors, or assigns.2' The Consent Decree and the deed of sale in question expressly provided that all stipulations therein were subject to present and future laws and regulations of the governments of the United States and Puerto Rico.

[763] All rights acquired by Rubert Hermanos, Inc. and Carmen Céntrale, Inc., by virtue of the afore-mentioned deeds Nos. 21 and 14, were assigned to Central San Vicente, Inc., the new corporation which was organized subsequent to the quo warranto proceedings.

During the 1953 grinding season, the “Ingenio” and “San Antonio” farms ground in Central San Vicente only 30 percent of their cane by virtue of an agreement to the effect that an equal amount of cane from those farms which was not ground by Central San Vicente would be supplied to it for grinding by other proportional-profit farms, which was not done. And this is the reason why Central San Vicente, Inc., which has sufficient capacity to grind all the cane from the “Ingenio” and “San Antonio” farms, objected to the shifting of the grinding.

Based on these facts, the Sugar Board issued an order dismissing the objection of Central San Vicente, Inc. to the transfer of the grinding, because (1) the contracts entered into by the Land Authority and Rubert Hermanos, Inc. and Carmen Céntrale, Inc. are in conflict with the Sugar Act in force as respects the cane-grinding clauses, and (2) those contracts are contrary to the public interest as set forth in that Act.

The Central San Vicente, Inc. has petitioned this Court to review the order of the Board. It contends, essentially, that that order is erroneous because (a) the Sugar Act does not confer upon a colono the right to shift the grinding of his cane from one central to another in violation of a previously existing contract, nor can it be inferred ,that the legislative intent was to impair the grinding rights acquired prior to that Act; (6) the order sought to be reviewed is inconsistent with the regulations of the Board; and (e) if the Sugar Act purported to defeat or set aside rights vested prior to its operation, it would be repugnant to the contract clauses and the due process of law of the Constitution of Puerto Rico and the Constitution of the United States.

[764] The planting, cultivation, and grinding of sugar cane is the principal industry of Puerto Rico, upon which its prosperity and the welfare of its people depend substantially. In view of the importance of this industry in relation to the Island’s economy, there is no controversy as to the fact that this industry entails a great public interest, and is therefore subject to regulation by our Legislature in the exercise of the police power of the State. People v. Rubert Hermanos, Inc., 53 P.R.R. 741; Vidal v. Fernández, 104 P. 2d 606; People v. A. Roig, Sucrs., 63 P.R.R. 17. Act No. 221 of May 12, 1942 3 (Sess. Laws, p. 1176) was in force when the contracts of sale were made involving the cane-grinding ■clauses which have given rise to the present controversy. This Act converted ail sugar centrals into public-service companies and placed them under the jurisdiction of the Public Service Commission. Section 42 ordered the Commission to proceed to determine and put in force the production zone of every sugar company, and § 43 provided that every final franchise granted by the Commission to any natural or artificial person or to any sugar company would determine the production zone of the entity, the grantee of such franchise, and prohibited the latter from processing or refining sugar, using as raw material sugar cane produced outside of the production zone assigned to it. While the regulation of the zoning question was pending, the Public .Service Commission provided that every sugar central would grind only the cane from the same lands which produced the cane ground by such sugar central during the 1943 grinding .season, and prescribed the procedure for the transfer of cane from one central to another in certain cases. The year 1949 was later established as the basic period.4 It was on the [765] authority of these regulations that the Land Authority agreed to grind the cane produced by the “Ingenio” and “San Antonio” farms in the mills of the assignees of Central San Vicente, Inc. However, Act No. 221 of 1942 was thereafter repealed by Act No. 426 of May 13, 1951. The new Act, now in force, maintained the regulation of the sugar industry by the State, although in a different form. “Under the latter Act, the mills were no longer considered as public utilities . . .”;5 it created an administrative agency known as the Sugar Board, with authority to implement the Act and to enforce its provisions, and to decide any disputes that may arise between centrals and colonos;6 the provisions of Act No. 221, bearing on production zones, are omitted and, instead, provision is made for free competition among centrals to obtain a supply of sugar cane from colonos for the processing of sugar.7 In this connection, Act No. 426 provides:

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Central San Vicente, Inc. v. Sugar Board, 78 P.R. 760 (prsupreme 1955).

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