Cerame-Vivas v. Torres Aguiar

99 P.R. 44
CourtSupreme Court of Puerto Rico
DecidedApril 20, 1970
DocketNo. O-69-179
StatusPublished

This text of 99 P.R. 44 (Cerame-Vivas v. Torres Aguiar) 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
Cerame-Vivas v. Torres Aguiar, 99 P.R. 44 (prsupreme 1970).

Opinion

Mr. Justice Ramírez Rages

delivered the opinion of the Court.

Appellant filed a petition in the Superior Court, San Juan Part, in which he alleged that a group of industrial enterprises, and summer houses at the area of La Parguera, Lajas, are dumping their effluents and wastes into the coastal waters without any treatment or without adequate treatment, making them noxious to human health, to that of animals, vegetables or fish, in violation of the Water Pollution Control Act (Act No. 142 of May 1, 1950, as amended in 1952 — 24 L.P.R.A. §§ 591-601); that the Secretary of Health, with full knowledge of the acts of pollution performed by said [46]*46enterprises, has refused to take the necessary measures provided by law: that there is no adequate relief at law. He requested the court to order appellee to proceed to file the legal actions established by Act No. 142 and especially the remedy of injunction.

Appellee requested the dismissal of the petition to which the trial court consented because (1) the choses of action which arise from Act No. 142 shall inure to the benefit of the Commonwealth of Puerto Rico and not to property owners or between individuals and (2) “Once said pollution standards are fixed and the order issued, the Secretary of Health may exercise the action of injunction against the violators of said order and regulations, the Act granting him the discretion to exercise the same, whenever in his judgment, the seriousness of the case may so warrant. Upon providing in the statute that the remedy of injunction shall lie whenever, in the judgment of the Secretary, the seriousness of the case may so warrant, the lawmaker has granted a discretional authority to said officer to act or not, which renders the petition for mandamus untenable pursuant to the case law doctrine established by our Supreme Court.”

Appellant points out four constitutional questions and, also, assigns that the trial court erred in concluding that the Secretary of Health does not have any ministerial duty of filing the injunction under Act No. 142; in deciding that the criminal action provided by said act does not lie; and in ruling that if a serious situation of water pollution existed, the Secretary of Health has discretional authority to act according to his judgment.

The constitutional questions presented are the following:

(1) That an executive officer lacks any discretion by legislative grace to exercise and enforce a provision of a constitutional nature and of public policy as is the one contained in § 19 of Art. VI of the Constitution of Puerto Rico [47]*47. . to conserve, develop and use its natural resources in the most effective manner possible for the general welfare of the community.”

(2) That Act No. 142 is unconstitutional insofar as it permits minimum standards for water pollution without said act establishing any standards or guides to regulate the administrative action, thus violating the principle of separation of powers.

(3) That Act No. 142 having been promulgated prior to the Constitution, it was repealed by the latter when the preservation of our natural resources was given constitutional rank.

(4) That when an act grants absolute and unlimited discretion to an executive officer it denies the community and its members the equal protection of the laws and the enjoyment of the democratic system.

These contentions are slightly discussed in appellant’s memorandum without stating the reasons upon which they are based nor the authorities which support them. The Solicitor General limits himself to inform us about the absence of legal merits of the same.

Section 5 of said Act No. 142 provides that it shall be unlawful for any person to throw or pour into the waters, any matter capable of polluting said waters.1 (24 L.P.R.A. § 595.)

Section 6 of said act provides for the issuance of final orders by the Secretary of Health to the effect that the persons who were throwing sewage or industrial waste or any other refuse into water, cease doing so (24 L.P.R.A. § 596). [48]*48These orders shall be issued after the undesirable pollution thus caused has been determined.2

Section 7 provides moreover, that no new discharge of sewage, waste or any other refuse may be made into the waters except upon authorization issued by the Secretary of Health.3 (24L.P.R.A. § 597.)

Section 8 of said act provides that the Secretary shall make the necessary regulations to carry out the purposes of said act and that such regulations may limit the potential polluting content and may prescribe measures to prevent or abate such pollution.4 (24 L.P.R.A. § 598.)

[49]*49Section 9 of Act No. 142 establishes that the Secretary of Health shall fix, by regulation, the pollution standards.5

Section 10 of Act No. 142 (24 L.P.R.A. § 600) provides that:

“Choses of action resulting from the violation of the provisions of sections 591-601 of this title or its regulations shall inure to the benefit of the Commonwealth only. Sections 591-601 of this title shall not be construed in the sense of creating new rights to property owners or private entities, nor of increasing rights already existing. A determination of the Secretary to the effect that there exists a certain pollution or that there is a violation of any of the provisions of sections 591-601 of this title or of the regulations hereunder — whether or not the same is liable to prosecution by the Commonwealth — shall not give rise to any issue of law or question of fact for the benefit of any party other than the Commonwealth.”

Section 11 (24 L.P.R.A. § 601) provides that the person who performs one or more of such -acts of pollution after having received a final order to the effect that he shall cease to do it, as established in § 6 of said act, shall be punished by a fine of not less than $100, nor more than $1,000, or by imprisonment in jail for a term not less than 90 days nor more than one year, for each violation; it being further provided that injunction shall lie against any person who violates the provisions of said act “whenever, in the judgment of the Secretary, the seriousness of the case may so warrant.”

On December 24, 1968, Sanitary Regulation No. 131 was approved to establish by way of amendments, and in effect establishes, the classification and standards of Quality for the Coastal Waters of Puerto Rico as provided in § 8 of Act No. 142. In synthesis it prohibits the discharge into coastal waters of domestic or industrial sewage which places said [50]*50waters out of the minimum standards of quality or purity established by this regulation. The Secretary may authorize such discharges when the substances which are to be thrown into the waters have been submitted to a proper degree of treatment.

A statute is, and is presumed to be, constitutional until we decide otherwise. It should be given a reasonable construction consistent with the legislative purpose and a literal interpretation which would lead to absurd consequences should be avoided. Esso Standard Oil v. P.R.P.A., 95 P.R.R. 754, 765 (1968).

The constitutional guarantee established in § 19 of Art.

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Related

McKinley v. United States
249 U.S. 397 (Supreme Court, 1919)
Manuel Samora, Jr. v. United States
406 F.2d 1095 (Fifth Circuit, 1969)

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99 P.R. 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cerame-vivas-v-torres-aguiar-prsupreme-1970.