de Torres v. Corte de Distrito de San Juan

58 P.R. Dec. 515
CourtSupreme Court of Puerto Rico
DecidedApril 22, 1941
DocketNúm. 1226
StatusPublished
Cited by13 cases

This text of 58 P.R. Dec. 515 (de Torres v. Corte de Distrito de 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
de Torres v. Corte de Distrito de San Juan, 58 P.R. Dec. 515 (prsupreme 1941).

Opinion

El Juez Presidente Señor, Del Toro

emitió la opinión del tribunal.

El presente es nn recurso de certiorari por virtud del cual Manuel de Torres pide a esta Corte Suprema que anule una orden para mostrar causa dictada en cierto procedi-miento de desacato que contra él se siguiera y la sentencia pronunciada en el mismo.

El auto fué expedido, reclamándose el expediente sobre desacato tramitado en la Corte de Distrito de San Juan. Comienza por la orden para mostrar causa dictada en diciembre 17, 1940, que dice:

“Por CUANTO: El Juez de Distrito que suscribe y en uno de los días del mes de diciembre del corriente año 1940 recibió la copia de una carta dirigida al Dr. Rupert Emerson por el querellado Manuel de Torres, en la cual se hacen, entre otras, las siguientes manifesta-ciones :
“ ‘. . . . and tb at both the San Juan District Prosecutor and the Attorney General of Puerto Rico, Hon. George Arthur Malcolm are in fact conspiring with Gonzalo Aponte, Judge Marcelino Romany and others to defraud the writer of his capital, and his properties.
‘1 ‘ Until now and for the past two years I. have been peacefully trying to recover my confiscated properties through peaceful,, law' abiding legal action in the San Juan District Court. The District Court of San Juan, however, through the medium of its Judges Roberto Todd, Jr. and Marcelino Romany, has been criminally cooperating with, aiding, assisting and protecting the eonfiscators of my properties to illegally retain them; and in this they have been sup[517]*517ported by the San Juan District Prosecutor and the Attorney General of Puerto Rico to both of whom I have previously appealed and both of whom have denied me the right to prosecute the confiscators of my properties on criminal charges allegedly on the grounds that no prosecution can be started until the civil suit is disposed of by the district court; whose Judge .Romany in turn has made up his mind that he will not render his decision until it is too late to start any criminal action against his protegees.
“ ‘Corrupt Judge Marcelino Romany, before whom trial of action 31058 was held on October 18th and 19th, 1939, more than thirteen months ago, is benevolently and criminally cooperating with the San Juan District Prosecutor and Attorney General Malcolm to prevent the prosecution of Juan Ramón de Torres and Juana Vanderlinden, confiscators of my funds and my properties, and embezzlers of the funds of the estate of Ramón A. Torres, by delaying decision in ease 31058 until the statutory three years' provided by the statute of limitations shall have outlawed any criminal action against them.
“ ‘Case 31058 still “pending decision by the court” more than five months after the referee rendered his report and apparently relegated to eternity by corrupt Judge Marcelino Romany.
“ ‘And while Romany keeps the case sleeping under lock and key in his private office to insure the freedom of his protegee Juan Ramón de Torres, and to make sure that no one stops him from continuing appropiating other people’s money, the San Juan District Prosecutor as well as the Attorney General of Puerto Rico are cooperating with Judge Romany to insure the freedom of Juan Ramón de Torres by refusing to prosecute referee Aponte for falsifying and forging his report to the Court.
“ ‘All the foregoing has been written to show Attorney General Malcolm that until now I have only been moving according to law, peacefully and patiently appealing to the San Juan District Court for redress through the means provided by law — all of which have failed due to the abdication of Judges Todd and Romany and of the Attorney General himself in favor of control of their respective offices by criminals, thus creating a state of lawlessness in Puerto Rico under which a man who has managed another’s properties under power of attorney can refuse to render an accounting of the funds collected or received as attorney for his principal, and can continue retaining those properties and collecting the income from same without accounting to the real owners, and can depend upon Judge Mar[518]*518celino Romany to withhold his decision in a case started to compel that man to render an accounting to his principal as provided by law, until such time as criminal action (on) him will have been outlawed by the statute of limitations, and while through all this our most illustrious Attorney General of Puerto Rico George Arthur Malcolm lias been insisting that he cannot prosecute Juan Ramón de Torres until Romany decides case 31058, and now the Attorney General apparently refusing to prosecute Gonzalo Aponte for falsifying and forging his report to the Court, and as long as the Attorney General insists on waiting for Romany to decide and Romany insists on not deciding. I can continue being robbed and deprived of the income of my properties as well as of the funds collected by Juan Ramón de Torres in exercise of my power of attorney, all with the aid, assistance, cooperation and protection of the Attorney General of Puerto Rico and his subordinate, the San Juan District Prosecutor, as well as with the aid and assistance of corrupt Judges Roberto Todd, Jr. and Marcelino Romany.
“ ‘Failure on Mr. Malcolm’s part to take immediate action within not more than 10 days, will compel me to proceed by force and violence for the protection of my rights and the recovery of my funds and properties. I am resolved to forfeit my liberty if necessary to obtain a judicial administrator for the properties and to force a decision of case 31058 by Judge Romany, if Attorney General Malcolm refuses to use his administrative powers to compel this corrupt Judge Romany to decide ease 31058.I am driven by Attorney General Malcolm, Judge Todd and Judge Romany to use force and violence to attain what could be attained and what I have been trying to attain by lawful, peaceful procedure as provided by law, if honest judges were on the San Juan District Court bench instead of criminals like Marcelino Romany.
“ ‘And here, Mr. Malcolm, I will justify the use of that word “criminal” as applied to Judge Marcelino Romany. I will and must prove to you that he is a criminal,. unfit to occupy the position of District Judge and that the use of the word “criminal” as applied to Marcelino Romany is not limited to his complicity in a conspiracy to defraud me by indefinitely delaying decision in case 31058 (cases now before Judge Romany are, I believe in the 34,000 numeration,) and with, I believe, but one other exception, my case is the oldest pending decision by him.
[519]*519“ ‘Romany, trial judge in ease 31058 is criminally delaying decision in ease 31058 to permit Juan Ramón de Torres, a protegee of Romany, to remain in possession of my funds and my confiscated properties.
“ ‘Romany keeps on deciding more recent cases than case 31058, with the criminal intent of concealing felonies committed in connection with case 31058 by the defendants and their lawyers, thereby helping to deprive me of my properties without due process of law, the laws of Puerto Rico notwithstanding.
“ ‘I will prove that Judge Romany’s interest in delaying a solution of case 31058 is not limited to conspiring with others to deprive me illegally of my properties,.
“ ‘Now, Mr.

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Bluebook (online)
58 P.R. Dec. 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-torres-v-corte-de-distrito-de-san-juan-prsupreme-1941.