People of Puerto Rico v. Superior Court of Puerto Rico

81 P.R. 445
CourtSupreme Court of Puerto Rico
DecidedJuly 8, 1959
DocketNo. 2457
StatusPublished

This text of 81 P.R. 445 (People of Puerto Rico v. Superior Court of Puerto Rico) 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
People of Puerto Rico v. Superior Court of Puerto Rico, 81 P.R. 445 (prsupreme 1959).

Opinion

Mr. Justice Serrano Geyls

delivered the opinion of the Court.

On June 27, 1958 two warrants of arrest were issued by judicial authority against Maria Figueroa for two violations of the Beverage Act (13 L.P.R.A. § § 1574 and 1754). These warrants were based on two affidavits subscribed by Leandro López Torres, Internal Revenue officer, in which he stated that on April 30 and May 16, 1958 he had bought cane rum from Maria Figueroa, without the containers having affixed thereon the internal revenue stamps, and that he had deposited the containers in the internal revenue office. On August 23, 1958 the district attorney accused Mrs. Figueroa of two violations of the Beverage Act. At the commencement of the trial on September 25,1958, the defendant moved for the dismissal of the case on the ground that according to §448 (1) of the Code of Criminal Procedure (34 L.P.R.A. § 1631) the information should have been filed within sixty [447]*447days after the internal revenue officer observed that the defendant possessed the clandestine beverage because from that instance she was liable to be arrested (34 L.P.R.A. § 243). The defendant maintained that the phrase “held to answer” of §448 (1) necessarily referred to a situation when a person commits an offense in the presence of a peace officer authorized to perform an arrest. (Section 116 of the Code of Criminal Procedure, 34 L.P.R.A. § 243).

After a brief discussion in the court, the trial judge, immediately, and without requesting or receiving any written briefs, ordered the dismissal of the case in the following terms:

“The term of sixty days fixed by § 448 of the Code of Criminal Procedure cannot be extended and begins to run from the moment a person is subject to prosecution, that is, ‘held to answer’ as stated in the English version which is more accurate than the Spanish.
“The case of Carmen Céntrale makes a distinction between arrest and ‘held to answer’ because in that case Carmen Céntrale could not be physically arrested, in order fco establish a pattern for all similar situations.
“The Court understands that when an offense is committed in the presence of a peace officer and as such officer he seizes objects pertaining to the crime, as in this case, and this officer does not arrest the person then but makes the arrest subsequently and files the information, from the time in which he obtains the objects, from the very moment in which he witnesses the crime and has before him all the elements of the crime, from that instance that individual is subject to prosecution, he is ‘held to answer.’ It would be different in other offenses where the links of the evidence, the ingredients of the crime, are disseminated, and proof thereof must be searched aliunde and on different dates. Then the situation differs.
“The Court understands that in these cases the peace officer from the moment he witnesses the commission of the crime and seizes the objects may immediately arrest the citizen who is from that moment the person held to answer, and take him to the authorities to have him prosecuted for the offense, or else file [448]*448the information within sixty days after such person was held to answer, to render effective his or her right to a speedy trial.”

At the request of the Secretary of Justice we issued a writ of certiorari to review the above cited decision 1 and the case was finally submitted to this Court on May 11, 1959.

We have no doubt whatsoever that the trial judge committed a serious error. His decision is contrary to the letter, history, and logic of the provision and to the unwavering opinion of this Court expressed in more than thirty judgments during more than half a century. His application of our decision in People v. Carmen Centrale, Inc., 46 P.R.R. 478 (1934) is equally incorrect.

Section 448 provides: “The court, unless good cause to the contrary is shown, shall order the prosecution to be dismissed in the following cases:

“1. Where a person has been held to answer for a public offense, if an information is not filed against him within sixty days thereafter;
“2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial within one-hundred and twenty days after the filing of the information.”

This section finds its immediate precedent in § 1382 of the Penal Code of California, 50 West’s Annotated California Code 779; 4 Kerr’s Cyclopedic Codes of California 1273. Consequently, we turn, as we have done in the past, to the English version to obtain a clearer idea of the contents. The first paragraph pertinent to this case reads as follows: “Where a person has been held to answer for a public offense, if an information is not filed against him within sixty days thereafter.” The term, therefore, begins to run from the time the person is “held to answer for a public offense.”

[449]*449An analysis of the language used in this section throws, light on the meaning of the phrase “held to answer” and allows us to fix the two poles between which the term. of sixty days shall run. The end pole is the date when the information is filed — People v. Petrovich, 36 P.R.R. 548, 549 (1927) — and the other must necessarily refer to a previous-act. We also know that there must necessarily exist the act-of a third party (a peace officer) with respect to the person: it is another who causes that “a person has been held to■ answer”. Moreover, it is obvious that the defendant must be informed of the action of that third person who places him in the position to be “held to answer”. No one can answer if he is completely ignorant of the act that compels-him to answer. Finally, that act of the third person has to-be such as will place the defendant in a position to be “held, to answer for a public offenseany other act that does not have such effect does not conform to the language of this paragraph. In brief, this exegesis shows that the starting point for the sixty-day term must be the act of the third person, prior to the filing of the information, known to the person concerned, and which must have the legal effect of compelling that person to answer for a public offense.

The history of these provisions proves that the foregoing-analysis is correct. As we have already noted, our § 448'-was taken from § 1382 of the Penal Code of California, exactly as it existed at the beginning of the century. What-was the meaning of the phrase “held to answer” in that § 1382? The answer to this question requires us to make a survey, even if brief and referring only to essentials, of the criminal procedure of California.2

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Bluebook (online)
81 P.R. 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-puerto-rico-v-superior-court-of-puerto-rico-prsupreme-1959.