Ex parte de Jesús López

68 P.R. 646
CourtSupreme Court of Puerto Rico
DecidedApril 29, 1948
DocketNo. 9631
StatusPublished

This text of 68 P.R. 646 (Ex parte de Jesús López) 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
Ex parte de Jesús López, 68 P.R. 646 (prsupreme 1948).

Opinion

Me. Justice Maeeeeo

delivered the opinion of the Court.

Antonio de Jesús López, a resident of Utuado and a pharmacist by profession, died intestate in a San Juan hospital on or about April 9, 1946. In a proceeding for the corresponding declaration of heirship, his widow Luisa de Jesús López and his grandchildren Rosario, Carmen G-regoria, and Calixto, minors, by representation,1 were declared his sole and universal heirs. The estate left by the decedent, Antonio de Jesús López, included four United States bonds, purchased in 1944, while he was married with the petitioner-appellant. Two of these bonds are for $1,000 each and two for $500 each, and all of them are payable to “Atty. Antonio de Jesús López or Mrs. Luisa de Jesús López, Utuado, P. R.” The judicial administration of the estate of the decedent was decreed and on July 15, 1947, an order approving the project [648]*648of partition filed was rendered, whereupon it was ordered that the said bonds be deposited in the office of the clerk of the court until it should be decided, by a final judgment, whether the amount of the bonds belonged to the dissolved conjugal partnership or to the separate estate of the petitioner Luisa de Jesiis López. Subsequently, on September 10, 1947, the said court rendered a decision to the effect that said bonds were community property and that, consequently, one-half of their value belonged to the widow and that the other one-half should be distributed according to the local law. The widow appealed from the latter decision and in support of her appeal she urges that the District Court of Arecibo erred in not deciding that the above-mentioned bonds belong exclusively to her.

As indicated by the appellant, the question under consideration is a novel one in Puerto Eico. However, similar questions have arisen on numerous occasions in the various States of the Union.

The power of the Government of the United States, under the Federal Constitution, to issue the bonds in question is admitted by the parties. The latter also admit that the purchase and sale of those bonds constitute a contract of loan between said Government and the purchaser of the bonds. Likewise, that pursuant to law, the Secretary of the Treasury of the United States has full power to adopt and promulgate regulations in connection with them, and that such regulations have the force of law and form part of the contract of loan arising between the purchasers of the bonds and the Government.

However, the Civil Code provides that “by virtue of tlie conjugal partnership the earnings or profits indiscriminately obtained by either of the spouses during the marriage shall belong to the husband and the wife, share and share alike, upon the dissolution of the marriage.” Also, that the legitimate descendants and the widow are forced heirs, and that the relatives of a person have the right to succeed him [649]*649by representation in all the rights which he would have if .alive. Sections 1295, 736, and 887 of the Civil Code, 1930 ed.

According to § 757c, Title 31 of the United States Code Annotated (31 USCA § 757c 1947 Cumulative Annual Pocket Part, p. 168) “(a) the Secretary of the Treasury, with the approval of the President, is authorized to issue, from time to time, through the Postal Service or otherwise, United States savings bonds and United States Treasury savings •certificates, the proceeds of which shall be available to meet any public expenditures authorized by law, . . .” This same Section authorizes the Secretary of the Treasury of the United States to approve regulations to implement its provisions.

Pursuant to the second paragraph of § 8, Art. 1 of the Constitution of the United States, the Congress is empowered “To borrow money on the credit of the United States.” Hence it is indisputable, and the parties so admit, that the Federal Government acted fully within its powers in issuing the bonds in question. Said bonds are, therefore, prima facie evidence of the existence of a contract of loan, in which the purchaser of the bonds is the creditor and the Government ■of the United States is the debtor.

According to § 315.2 of the Regulations promulgated by the Secretary of the Treasury of the United States, relative to the bonds issued by the Government of the United States,2 the name and complete post office address of the owner, as well as the name of the co-owner or designated beneficiary, if any, and the date as of which the bond is issued will be inscribed thereon at the time of issue by an authorized agent. The form of registration used must express the actual ownership of and interest in the bond and, except as otherwise specifically provided in these regulations, will be considered as conclusive of such ownership and interest. Said regulations also provide (§ 315.3) that only residents of the United [650]*650States, including its territories and insular possessions, tíre Canal Zone and tile Philippine Islands, and American citizens temporarily residing abroad, may be designated as owners, ■co-owners or beneficiaries. The regulations further provide (§ 315.4 (b)) that the bonds may be registered in the names of two (but not more than two) persons in the alternative as ■co-owners, for example: “John A. Jones or Mrs. Ella S. Jones.” They also provide, in § 315.32(a) and (5), that ■during the lifetime of both co-owners the bonds will be paid to either co-owner, and that “if either co-owner dies without having presented and surrendered the bond for payment to a Federal Reserve Banlc or the Treasury Department, the surviving coowner will be recognized as the sole and absolute owner of the bond, and payment will be made only to him.” (Italics ours.)

However, the question at issue is not whether the amount of the bonds is conjugal property, but whether the one-half interest, which belonged to the husband — one of the co-owners —during his life, should at his death belong to his legitimate descendants together with his widow, or to the latter exclusively. Regarding the one-half interest owned by the widow there is no dispute whatsoever in this case, since it appears herein that she is both the surviving spouse and a co-owner.

We have only found three cases which hold that the provisions of the Regulations of the Secretary of the Treasury have been devised solely for the protection of the rights of the Government of the United States in relation to the person to whom the proceeds of the bonds should be paid upon their being surrendered for redemption; that the effect of said regulations ceases once payment is made; and that such regulations can not affect in any way the provisions of the laws of the State where the owner, co-owner, or beneficiary of the bonds resides or dies. They are Deyo v. Adams et al., (New York 1942) 178 Misc. 859, 36 N. Y. Supp. (2d) 734; Decker v. Fowler, (Washington 1939) 92 Pac. (2d) 254; and Sinift v. Sinift, (Iowa 1940) 293 N. W. 841. The effects [651]*651•of the opinions rendered in the first two of those eases were, however, abrogated shortly thereafter by the Legislature of the States of New York and Washington. 40 McKinney’s Consol. Laws of New York, Ann. (Snpp. 1943) § 24.5 and Washington Rev. Stat. (Remington Snpp. 1943) § § 11548-60, 1.1548-61. Moreover, those three cases have been the subject of widespread criticism and have not been followed by any other state. In New York, of course, they have not been followed either. In re Staheli’s Will, 57 N. Y. Snpp. (2d) 185;

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Bluebook (online)
68 P.R. 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-de-jesus-lopez-prsupreme-1948.