Commonwealth v. Pérez Valdivieso

83 P.R. 832
CourtSupreme Court of Puerto Rico
DecidedNovember 21, 1961
DocketNo. 12359
StatusPublished

This text of 83 P.R. 832 (Commonwealth v. Pérez Valdivieso) 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
Commonwealth v. Pérez Valdivieso, 83 P.R. 832 (prsupreme 1961).

Opinion

Per curiam.

The Commonwealth of Puerto Rico brought this action against Concepción, Jorge Lucas, and Maria Teresa Pérez Valdivieso and against Commonwealth Oil Refining Co., seeking to revendicate a certain property of 560.96 cuerdas 1 which is allegedly in the possession of the defendants, as part of a certain property of 4,518 cuerdas known as “Dolores” which the latter own in the municipalities of Peñuelas [833]*833and Guayanilla. The Commonwealth Oil Refining was joined as a defendant by reason of its having acquired through a sales contract part of the property sought to be revendicated.

The ownership of the property object of this action is recorded in favor of the Commonwealth in the Registry of Property of Ponce at folio 39, volume 23 of Guayanilla, property No. 1015, the description of which is as follows:

“Rural: Tract of mangrove and nitrous land known as Manglar del Puerto and Ensenada, situated in the ward of Playa of the municipal district of Guayanilla, having an area of two hundred twenty hectares, forty-seven ares, and eighty-six centiares, equivalent to five hundred sixty and ninety-six hundredths cuerdas. It is bounded on the north by lands belonging to Lucas P. Valdivieso; on the east by the same lands of Lucas P. Valdivieso, the Caño de los Negros and the sea; and on the south and west by the sea.”

The plaintiff alleges that its recorded title stems from continuous acts of possession and dominion performed since time immemorial by it and its predecessor in title, the Spanish Crown, but that for some years defendants Pérez Val-divieso have claimed the ownership of the said property and interrupted the plaintiff in its possession, alleging that the said property is part of the “Dolores,” which according to the plaintiff “is bounded on the south and west by the sea and the Port of Guayanilla, and is recorded at folio 143, volume 55 of Peñuelas, property No. 2109.” The plaintiff alleges that, notwithstanding the fact that the “Dolores” is bounded on the south and west by the sea and the Port of Guayanilla, the said property does not comprise the lands herein sought to be revendicated. The plaintiff further alleges that those lands “consist of mangrove and nitrous lands which form an integral part of the maritime zone, and that before they were partly filled they were entirely covered by the sea during high tides, which at times rose to the very southern and western boundaries of the said property ‘Dolores.’ ”

[834]*834The plaintiff prays for judgment containing the following pronouncements:

“1. — Declaring that the Commonwealth of Puerto Rico is the sole owner in fee simple of the property described in the first paragraph of this complaint.
“2. — Annulling any record of the said property or part thereof appearing in the Registry of Property in favor of the defendants.
“3. — Adjudicating to the plaintiff the full possession of the said entire property.
“A. — Ordering that there be corrected in the Registry of Property the description of the property known as ‘Dolores/ setting forth that the limit of such property on the western and southern boundaries is the line reached by the sea during high tides.
“5. — Affording to the plaintiff any other relief to which it may be entitled pursuant to law and the facts herein-above set out.”

After a trial was held and an inspection conducted, the trial court dismissed the complaint and imposed attorney’s fees at $5,000 on the State.

In dismissing the complaint, the trial court made the following findings of fact:

“3. That when the change of sovereignty took place in this Island some time in 1898, and when the Treaty of Paris was signed on April 11, 1899, as well as when the Civil Code took effect on July 1, 1902, and until her death in 1917, Dolores Rodriguez Hurtado, predecessor in title of Lucas P. Valdi-vieso, predecessor in interest of the defendants surnamed Pérez Valdivieso and Alvarado, owned the lands comprised in the property Dolores situated in the wards of Tallaboa Poniente and Tallaboa Saliente of the municipal district of Peñuelas (Exh. 6 of the defendants), whose southern boundary extended from the point which divides the boundary of Micaela To-rruella along the entire water front in a westerly direction as far as the place of Puntilla fronting the Port of Guayanilla; and on the west the boundary of Guillermo Tirado along that of Pedro Villoch, former owner of Hacienda Buena Vista (Exh. 9 of the defendants), as far as the place Puntilla referred to, [835]*835by virtue of dominion title which is duly recorded in the Registry of Property of Ponce.
“5. — That no part of the lands comprised in Dolores property owned by the defendants comprises at present, nor has comprised on any prior occasion, any land forming part of or which has been segregated from the property owned by the plaintiff known as Manglar del Puerto and Ensenada, situated in the ward of Playa of the municipality of Guayanilla (Exh. A of the plaintiff), as alleged in the first averment of the complaint, there being a distance of some two kilometers between the place of Puntilla of the ward of Tallaboa Poniente of Peñuelas and the place of La Playa and Port of Guayanilla, as it appears from the inspection of the land made by the court.
“6. That the lands situated on the southern side of Dolores property and which abuts on the Antilles Sea, as it appears from the observation made by the court and from the testimonies of witnesses José Rosario Gelpi, Rafael Rivera Esbri, and Guillermo Vivas Valdivieso, and from what the court was able to observe during its inspection, were not flooded by the sea nor are they washed by the flow and ebb of the sea at the places affected by the tides and higher waves in stormy weather. On those lands there is grass for grazing cattle, sea grapes, and other kinds of trees. There were also scattered mangrove trees on the southern as well as on the western boundary, but they are not unclaimed or unused lands, nor can they be considered as woodland or mangroves belonging to the Commonwealth.
“8. That when the Treaty of Paris was signed on April llr 1899, which brought to an end the war between Spain and the United States, the Spanish Crown was not in possession nor was the owner of any of the lands comprised at that time in Dolores property, and, on the contrary, the owners and possessors of those lands were then and had been for many years prior to July 1880, the Sociedad Valdivieso Hermanos and Dolores Rodríguez Hurtado by virtue of titles recorded in the Registry of Property, wherefore the Spanish Crown could not cede nor transfer any part of those lands to the United States of North America, except such as could be considered as lying in the maritime zone at the points where the said Dolores property abutted on the sea and as determined by law, nor could the [836]*836Government of the United States of America cede any part of those lands to The People of Puerto Rico.
“12.

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Bluebook (online)
83 P.R. 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-perez-valdivieso-prsupreme-1961.