Dávila v. District Court of San Juan

73 P.R. 379
CourtSupreme Court of Puerto Rico
DecidedApril 25, 1952
DocketNo. 26
StatusPublished

This text of 73 P.R. 379 (Dávila v. District 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
Dávila v. District Court of San Juan, 73 P.R. 379 (prsupreme 1952).

Opinion

Mr. Justice Negrón

Fernández delivered the opinion ox the Court.

Pedro Martinez — intervener herein — is the owner of a one-story concrete building in Blanco Avenue, Río Piedras. The construction of said building was begun on February 1947 and was finished five months later. It is divided into seven commercial premises. Its monthly rent, since it was first rented at about the middle of 1947, is $290 (Six premises at $40 and the seventh, which offered greater convenience,'at $50).

On November 30, 1948, the Rent Director, acting under the provisions of § 6, paragraph six, of the Reasonable Rents Act — Act No. 464 of April 25, 1946 (Sess. Laws, p. 1326), as amended in said Section by Act No. 201 of May 15, 1948 (Sess. Laws, p. 574)1 — and based on the grounds enumerated in § 5, subdivision c, par. (1) of the Rent Regulation for commercial premises 2 promulgated by the Director on December 1, 1946, ordered a reduction of the maximum rent of the property fixing the monthly rental in the amount of $182 for the whole building. (Six premises at $25 and the seventh at $32.) Said maximum rent was computed by the Director at the rate of 12 per cent per annum over the cost of the immovable, which he appraised [381]*381at $18,300. The 12 per cent of reference is the maximum permitted by law.

Feeling aggrieved by this order, the owner sought a writ of review before the lower court, under § 7 of Act No. 464.,3 The court held a trial de novo receiving evidence from the owner as well as from the Director, in addition to the evidence brought before the Director and on which he based the reduction of the rent.

In its opinion and judgment after analyzing the evidence introduced, the lower court decided that the reasonable value of the property was $28,257.80. It reached this amount by appraising the lot at $12,493.80 and the building at $15,264. It assessed the value of the lot at what the court considered to be, according to the evidence, its market value at the time the building was constructed, and not $4,003.64, which was the cost of said lot on February 18, 1944 when it was acquired by the owner, and which was the figure used by the Director. Using the same coefficient of 1 per cent monthly on said value, it determined that the monthly rental of the building ought to be $282, declaring null and void the orders of the Director reducing the maximum rent of the afore[382]*382mentioned building. To review this judgment the present writ of certiorari was instituted.

The first assignment is that the lower court set aside the decision of the Director as to the cost of construction of the property in question, although said decision was supported by evidence. The second and third assignments challenge the weighing of the evidence introduced at the trial de novo, and the fourth challenges in a general way the judgment setting aside the orders of the Director.

Although the petitioner, in arguing his first assignment analyzes the evidence introduced by the Director at the trial de novo before the lower court, and argues that the same is sufficient to support his administrative decision ordering the reduction in rent of the premises in intervener's building, he alleges, on the other hand, that the judicial function in a writ of review, as provided by law for cases like the one herein, is solely to review the questions of law, among them, whether the action of the Director is supported by substantial evidence.

Although in the past, and in writs of review similar to the one herein, this Court passed on the questions raised in them using as a starting point the facts originally proved in the district court in trials de novo, Aponte v. District Court, 68 P.R.R. 777; Ledesma, Administrator v. District Court, 71 P.R.R. 81; Blanes v. District Court, 71 P.R.R. 303,4 we believe the time has come to fix definitely the scope of the judicial review provided by law as to the orders or resolutions made by the Rent Director and appealed to the district court.

Section 7 of Act No. 464, see footnote 3, provides for a writ of review, by which the party prejudiced by a rule, regulation, order, or resolution of the Rent Director may appeal to the District Court of San Juan (today District [383]*383Court of Puerto Rico, San Juan Section), within the 10 days following the date on which it was promulgated, so that the same may be reviewed. If the writ has for its sole purpose the reviewing of an order or determination increasing or decreasing the rent, the prejudiced party may institute a writ of review “in the district court of the district where the property concerned is located.” The filing of said writ shall not stay the effects of the rule, regulation, order or determination of the Director against which the writ is filed.

The case herein deals with an order or determination of the Rent Director deereéing a reduction in rent of a building construed in the year 1947 and the object of the petition for review instituted by intervener herein before the lower court was to review said order or determination.

As we have seen, the statute does not specifically provide that the District Court shall hold a trial de novo. In the absence of a statutory provision to that effect, the judicial review shall not consist of a trial de novo. Rivera v. Chancellor of the University, ante, p. 361; Víctor Mfg. & Co. v. National Labor Relations Board (C. A. 7, 1949), 174 F. 2d 867, 868; cf. New York v. United States, 331 U. S. 284, 91 L. Ed. 1492; Shields v. Utah Idaho R. Co., 305 U. S. 177, 83 L. Ed. 111; Gray v. Powell, 314 U. S. 402, 86 L. Ed. 301. It is a well-settled rule in the ever growing field of American administrative law that “the judicial function is exhausted when there is found a rational basis for the Commission’s conclusion,” 5 and the courts must not substitute their notions for those which have guided the agency whose action— generally on a specialized subject — is intended to be reviewed. Railroad Commission v. Oil Co., 310 U. S. 573, 84 L. Ed. 1368, opinion amended in 311 U. S. 614, 85 L. Ed. 390; Parker, Administrative Law (1952) 276-277; Davis, Administrative Law (1951) 468 et seq; Schwartz, American Administrative Law (1950) 114. The judicial function [384]*384in the review of administrative orders or determinations is confined to the examination of the record of the proceedings before the administrative agency, to determine whether the administrative body erred on questions of law and if the same were supported by substantial evidence. Rivera v. Chancellor of the University, supra; Rivera v. Labor Relations Board, 70 P.R.R. 320; Universal Camera Corp. v. Labor Board, 340 U. S. 474, 95 L.

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73 P.R. 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davila-v-district-court-of-san-juan-prsupreme-1952.