Cintrón v. Municipal Court of San Juan

67 P.R. 743
CourtSupreme Court of Puerto Rico
DecidedNovember 26, 1947
DocketNo. 9441
StatusPublished

This text of 67 P.R. 743 (Cintrón v. Municipal Court of San Juan) 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
Cintrón v. Municipal Court of San Juan, 67 P.R. 743 (prsupreme 1947).

Opinion

Mr. Justice SNyder

delivered the opinion of the Court.

The plaintiff, lessee of a property used for commercial purposes, sub-leased a portion thereof on a month-to-month basis to the defendant, who is operating a jewelry store therein. In March, 1946, the plaintiff filed an unlawful de-tainer suit in the municipal court to evict the defendant. After the defendant had filed his answer, on April 2, 1946, the parties stipulated that judgment should be entered in favor of the plaintiff; that the defendant would have five months from April 1, 1946, to vacate the property; that the tenant should continue to pay the same amount he had been paying as rent, and if he failed to do so during the five months, his ouster by the marshal would be ordered forthwith; and that the parties “expressly waive the right of appeal and any other against the judgment . . . ”. Judgment in accordance with the terms of the stipulation was ■entered by the municipal court on April 2, 1946.

On August 9, 1946, the defendant filed a motion in the municipal court asking the court to suspend the proceedings in view of § 12 of Act No. 464, Laws of Puerto Rico, 1946 (p. 1326). The municipal court overruled the motion on the ground that the defendant was bound by his stipulation. On ■certiorari, the district court set aside the order of the municipal court. The plaintiff appealed from the order of the ■district court.

The appellant first argues that Act No. 464 was suspended in its entirety by the Federal Price Control Extension Act of 1946. There is no basis for this contention. Federal rent control since 1942 has been confined to housing ac[746]*746•■commodations. Our holding in Latoni v. Municipal Court, ante, p. 130, therefore has no application to this case, which involves commercial property.

The second error of the appellant is equally without merit. He argues that Act No. 464 does not provide for suspension of proceedings by a lessee against his sublessee. But § 22 defines landlord as including a sublessor and tenant as including a sublessee.

In the third error the plaintiff: attacks as unconstitutional Act No. 464 as applied to this case on the grounds (1) that it annuls a judgment by giving retroactive effect to Act No. 464 and (2) that it impairs the obligation of contracts.

We find the answer to these arguments in Fleming v. Rhodes, 331 U.S. 100, 91 L. ed. 998. As the Emergency Price Control Act of 1942 as amended was not in effect between July 1 and July 25, 1946, some state judgments to evict tenants were obtained by landlords during this brief period without the certificates required by the Federal regulations. However, before some of these tenants were actually ousted, .Congress on July 25, 1946, enacted the Price Control Extension Act which provided in § 18 that it shall take effect as of June 30, 1946, and that, all regulations issued under the Emergency Price Control Act of 1942 as amended shall be in effect in the same manner as if the 1946 Act had been approved on June 30, 1946. See People v. Camacho, ante, p. 739.

The Federal Administrator thereupon sought injunctions in Federal districts courts to prevent evictions based on these state judgments. The provision of § 18 making ’the Federal Act effective as of June 30, 1946, was attacked by the defendant-landlords in these suits as unconstitutional if applied to their state judgments (1) because the state judgments were retroactively brought under the Extension Act and (2) because the vested rights created by the judgments could not be destroyed by subsequent legislation.

[747]*747In the Fleming case the Supreme Court upheld the right of the Administrator to seek such injunctions against these landlords. The court answered the two constitutional arguments by pointing out as to the first point that the restriction on evictions was in the future rather than retroactive. As to the second point concerning the alleged vested rights of the landlords in their judgments, the Court said in 91 L.ed. at 1002:

“It.is immaterial whether the state judgments were obtained before or after the effective date of the Extension Act. The effort ■of the appellant is to enjoin future proceedings for eviction after the acquisition by the landlord appellees through valid judgment ■of what the district court characterized as 'vested rights.’ Federal regulations of future action based upon rights previously acquired by the person regulated is not prohibited by the Constitution. So long as the Constitution authorizes the subsequently enacted legislation, the fact that its provisions limit or interfere with previously .acquired rights does not condemn it. Immunity from federal regu-ulation is not gained through forehanded contracts. Were it otherwise the paramount powers of Congress could be nullified by ‘pro: phetic discernment. ’ The rights acquired by judgments have no different standing. The protection of housing accommodations in defense-areas through the price control acts may be accomplished by the' appellant notwithstanding these prior judgments. ...”

Like the 1946 Federal Act, Act No. 464 is prospective, not retroactive in character, and was properly applied here to prohibit future orders of eviction, and not to judgments already rendered. And as the Fleming case malees clear a judgment- — whether as a result of litigation or “contract”— cannot operate to bar legislation regulating future action— i.e., evictions which have not yet taken place.

In his fourth error the appellant contends that the defendant is estopped from moving for suspension of the proceedings because of his stipulation agreeing to judgment and his waiver of the right of appeal and any other right he might have against the judgment. But a judgment by stipulation or consent under these circumstances is no differ[748]*748ent from a judgment rendered after protracted litigation. The consent to judgment merely obviates the necessity of proof. And the losing party is estopped to deny only what the judgment purports to establish as the facts and law of the case as they exist at that time. See Myers v. Myers, 100 S.W.(2d) 693 (Ky. 1936); Keach v. Keach, 290 S.W. 708 (Ky. 1927); Snyder v. Schmoyer, 104 P. (2d) 612 (Colo. 1940); Smith v. Smith, 173 S.W.(2d) 813 (Ky. 1943); Sidelinker v. York Shore Water Co., 105 A. 122 (Me. 1918); 3 Freeman on Judgments (5th ed.) § 1350, pp. 2773-74.

We do not stop to determine the effect of Act No. 464 on a consent judgment entered after the effective date of the Act. Here the sublessee consented that judgment be entered against him prior to the date Act No. 464 went into effect for commercial buildings. If that judgment had been the product of a contested case, under the express provisions of § 12 suspending all unlawful detainer proceedings which did not conform to the conditions and terms of Act No. 464, there could be no subsequent order of ouster issued to the marshal pursuant to that judgment. This consent judgment has no higher standing. In both cases the proceedings is not yet closed if ouster has not been ordered and effected. See Kimmelman v. Tenenbaum, 50 N.Y.S. (2d) 912, 915 (1944).

Section 12 does not destroy or impair either type of judgment, which remains in effect.

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Related

Bowles v. Willingham
321 U.S. 503 (Supreme Court, 1944)
Fleming v. Rhodes
331 U.S. 100 (Supreme Court, 1947)
Snyder v. Schmoyer
104 P.2d 612 (Supreme Court of Colorado, 1940)
Smith v. Smith
173 S.W.2d 813 (Court of Appeals of Kentucky (pre-1976), 1943)
Myers v. Myers
100 S.W.2d 693 (Court of Appeals of Kentucky (pre-1976), 1936)
H. A. Keach v. Roberta Keach
290 S.W. 708 (Court of Appeals of Kentucky (pre-1976), 1927)
Sidelinker v. York Shore Water Co.
105 A. 122 (Supreme Judicial Court of Maine, 1918)

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67 P.R. 743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cintron-v-municipal-court-of-san-juan-prsupreme-1947.