In re Abella Blanco

67 P.R. 211
CourtSupreme Court of Puerto Rico
DecidedApril 22, 1947
DocketNo. 68
StatusPublished

This text of 67 P.R. 211 (In re Abella Blanco) 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
In re Abella Blanco, 67 P.R. 211 (prsupreme 1947).

Opinion

Mb. Justice Ssyder

delivered the opinion of the Court.

Lnis Abella Blanco, attorney-at-law, was Registrar of Property of Cagnas for a number of years until he was [212]*212removed from that post by the Governor. See Abella v. Piñero, Governor, 66 P.R.R. 690. The Attorney General filed this complaint for his disbarment. We heard testimony submitted by both sides and took under advisement certain legal questions submitted by Abella.

First Charge. Abella solicited $200 and obtained $100 from Aida Grillo to inscribe a cancellation of a mortgage.

Aida Grillo testified that Abella sent for her father, Antonio Grillo, to discuss with him at the house of Abigail Aldrich a deed of cancellation of mortgage which her father had presented in the registry for recordation. Since her father, who subsequently died, was ill and could not go, she went in his place. Abella told her the document was defective, but that he could arrange to register it for $200. She refused, saying that if the document was defective, it should not be registered and that she would consult her father’s lawyer.

Thereafter, registration of the document was refused and Abella sent for her again. He told her there was something-irregular about the document and that the registrars had the power to send such cases to justice for investigation. He read to her from a book entitled “The Mortgage Law” to that effect. She replied that, according to her father’s lawyer, the document was not fraudulent and that if he wanted to send the case to justice he ought to do it. He insisted there was no necessity to do that if she would give him $200. She replied she could not do that.

The ruling of the registrar was appealed to this Court and was affirmed. Thereafter, Abella telephoned her and told her he knew the document was going to be sent to the registry for inscription again and that he wanted to talk to her about it. Abella met her in the office of her lawyer and said he had discovered that she was thinking of sending the document to the registry again. She said that was true, that it would be presented with the will of Mrs. Martina Garcia to prove that her father had not been the executor of the [213]*213latter’s estate. Abella told her that she was stubborn and ought to give him the money in order to close the case because he was thinking of transferring to the Bayamón Registry and he was the only person who could record the document as he was the one who had had the documents in his hands. She told Abella that her attorney had told her the document was recordable and she could not give him that amount. Then he said that she should give him $100 to inscribe it. She answered that despite the fact that she knew the document was recordable, she was going to give him that amount to inscribe it.

She took the document and will to the registry, and a few days later Abella telephoned her that the document was inscribed and to come and get it and to bring the money. Accordingly, she went to the registry, got the document, and gave Abella the money in cash. When she gave him the money, he inscribed and presented her with a copy of his book, “The Republic of Puerto Rico”.

On cross-examination she testified that she signed a receipt book presented to her by Pastor Batista, Chief Clerk of the Registry, in the office next to the registrar’s office after Abella had given her the document in his office, where no one else had been present when she gave him the money. She gave him the money to end the matter. Abella had told her that the document could be recorded but that he was the only one who could do it.

Abigail Aldrich testified that she was employed in the Registry at Caguas, that Abella ate lunch at her house, that on two occasions Aida Grillo came to see him at her house, that they talked about a document, but she did not hear the conversation, and that Abella read to Miss Grillo from a book.

Luis Morales Contreras, an attorney, testified that, as Aida Grillo had testified, she was a client of his in 1944, that she met Abella in his office, and he voluntarily left them alone in his office to conduct their conversation.

[214]*214We turn now to the testimony offered by Abella to refute the first charge. We note first that we rejected the reason given by the registrar — the possibility of fraud — for refusing to record the deed of cancellation. Grillo v. Registrar, 62 P.R.R. 652. We nevertheless affirmed the registrar for a reason given not in his ruling, but in his brief; namely, that since Antonio Grillo was named executor in the will of Martina Garcia Reyes, he could not, in view of § 1348 of the Civil Code, acquire by purchase the mortgage credit left by the decedent in her will to her sister.

Abella conceded in his testimony that the statement in his brief that Antonio Grillo was named executor in the will of Martina García was erroneous. His explanation as to how he came to misinform us in this respect is dubious. He testified that he was typing his brief in that case while Pastor Batista was reading to him from the registry books, and that Batista said, “Look, Grillo appears here as executor and he therefore cannot acquire this mortgage credit.” He thereupon included that contention in his brief. No such entry was in the registry. The fourth inscription of the property stated only that in her will Martina Garcia had named Grillo as commissioner in partition.

It is difficult to believe that the registrar would accept the mere ipse dixit of an employee of a basic fact which the registrar never raised in his original ruling. It is significant that Batista, a witness on behalf of Abella, testified on cross-examination that he did not remember if he told this to Abella when he was reading the inscriptions to him. Moreover, on motion for reconsideration, which we denied because it was presented too late, counsel for the petitioner pointed out that Grillo had never been the executor. Abella was served with this motion and filed an opposition thereto, on the ground that an executor and a comissioner in partition were the same thing for purposes of § 1348.

He testified that the question did not come up again for ten months, when counsel for Miss Grillo spoke to him about [215]*215it and he suggested that she present the document again. When it was presented to him again, he recognized his error and corrected it by registering the property without any defects. When Miss G-rillo brought the document to be registered she told him she wanted to make a gift with which to pay the employees who would work on it and the rest would be for him. He told her that no gifts were permitted there, and that he was complying with his duty because the document could be registered now that she had brought the will showing that Grillo was not the executor.

She asked him for a copy of his book “The Republic of Puerto Rico”, and he promised to give it to her later, which he did when she came to Abigail’s house again a few days later to talk to him about the case. He did not deliver the recorded document to her. This was done customarily by a subordinate. Because of this transaction, Miss Grillo had become an enemy of his and attributed her father’s death to grief over this transaction.

Batista testified on behalf of Abella that he received the document from Miss Grillo for registration, that he delivered it to her after it was recorded, and that the registrar was not in the registry on the latter date.

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67 P.R. 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-abella-blanco-prsupreme-1947.