People v. Juliá

25 P.R. 262
CourtSupreme Court of Puerto Rico
DecidedMay 21, 1917
DocketNo. 1111
StatusPublished

This text of 25 P.R. 262 (People v. Juliá) 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 v. Juliá, 25 P.R. 262 (prsupreme 1917).

Opinion

Me. Justice Albuey

delivered tlie opinion of the court.

Appellants Pedro Juliá, Clemente Eamírez and José Cal-derón Aponte, together with other persons, were charged with the crime of conspiracy in the District Court of San Juan, Section 2. The three persons named were found guilty of the said crime and took this ajipeal from the judgment of conviction. The others were acquitted. Appellant Julia did not appear in the appeal. Calderón Aponte did not file in time a brief’ assigning the errors on which he relied for reversal of the judgment, but his attorney appeared at the hearing on the appeal and submitted his case on oral argument. The other appellant, Clemente Eamírez de Arellano, filed.a brief assigning four errors as grounds for reversal of the judgment rendered against him, and his attorney also appeared at the hearing before tliis court.

The information filed by the district attorney charges that the appellants, together with others whose names need not be mentioned here, committed the crime of conspiracy in that in the judicial district of San Juan between the months of September, 1914, and February, 1915, while the three appellants were lawfully appointed members of the Board of Pharmacy of this Island and as such were mem-’ bers of the Board of Examiners of applicants for licenses to practice as' pharmacists, they unlawfully, wilfully and maliciously combined, conspired and agreed to approve the examination papers of Francisco Carmona Eivera, Eduardo Platet, Jesús María López Molina, Manuel Colón Bonilla, [265]*265José Luis Weiwar, Armando Font Rodríguez, Eduardo Badó, Juana Albandoz, Eleuteria Colón and Santiago Rodriguez, applicants for licenses as pharmacists, whose examinations were set for and held in this city of San Juan in the month of January, 1915, the said persons not being legally qualified for enrollment and admission to examination, supplying them with the answers to the questions corresponding to each and all of the subjects which the law prescribes shall be and which were included in the examinations required to be passed by them in order to obtain licenses to practice as pharmacists, with the understanding that- the said candidates would copy the said answers to the examination questions and then return to them the said copies, the defendants agreeing to approve and procure that the other members of the examining board approve the examinations so copied and in this unlawful, corrupt -and malicious manner issue to the applicants the certificates and licenses for the practice of the profession of pharmacy in this Island, the said answers having been returned to the said defendants together with the copies thereof made by the said candidates for examination, such acts being detrimental to the public health and tended to pervert or obstruct justice or the due administration of the law by issuing diplomas and licenses for the practice of the profession of pharmacy in Porto Rico to incompetent persons ignorant of the requirements of their profession.

As one of the grounds upon which appellant Clemente Ramirez bases his appeal praying for the reversal of the judgment appealed from is that Judge Sepulveda, before whom the case was tried, was without jurisdiction to sit at the trial of the same, we think it advisable to dispose of this question first.

By reason of the penalty prescribed therefor, the offense charged is a misdemeanor and therefore was not tried to a jury but to the jndge of the District Court of San Juan. The trial began on June 24, 1915, and judgment was rendered [266]*266two days later, Judge Sepulveda of the District Court of Ponce sitting by virtue of his appointment by the Governor of this Island to dispose of all matters coming before sections 1 and 2 of the District Court of San Juan from June 22 to June 26, 1915. The said appointment stated as the reason therefor that the judge of section 1 was in the United States on leave of absence and that the judge of section 2 had been granted leave of absence from June 22 to June 26, 1915. By virtue of this appointment Judge Sepulveda of the District Court of Ponce was administered the oath as judge of the district of San Juan on the 22d of June by the judge of section 2, Jesús María Bossy.

The first .ground on which appellant Bamirez bases his contention that Judge Sepulveda was not qualified to act as judge in this case is that, according to section 2 of the Act of March 10, 1904, reorganizing the judiciary, the Governor may order a district judge to fulfil the duties of another district judge only when the latter is temporarily disqualified, the appellant understanding this to mean incapacitated for some legal reason to discharge his duties, but that such incapacity does not include absence on leave.

■ The said section of the act authorizes the Governor of the Island, if the public service requires it, to order a district judge to take the place of any other regularly appointed district judge who may be temporarily disqualified, either on account of illness or any other cause. Its wording clearly shows that the authority given to the Governor is not only to make appointments when the regular judge is disqualified in the legal sense of this word, or when he cannot lawfully sit in the case, but that it also refers to disqualification on account of illness or any other cause. It is broader than the meaning sought to be given it by the appellant and contemplates not only cases of illness and legal disqualification but also any other cause which prevents the judge from acting in the case, and as in this ease the regular incumbent, Judge Bossy, was absent from the court on leave, the Gov[267]*267ernor liad authority to appoint another district judge to substitute him during his leave of absence for the good of the public service; therefore we cannot hold that the error assigned by the appellant was committed.

The appellant also contends that it may be doubtful whether the oath administered by Judge Eossy to Judge Sepulveda is legal because on the day on which it was. administered Judge Eossy was disqualified to discharge any of the duties of his office. Judge Eossy did not cease to be such judge because he had been granted leave of absence during the period stated; therefore he could administer a valid oath to Judge Sepulveda, who was not legally judge of the District Court of San Juan, Section 2, until he had taken such oath, and we fail to see that it was not legal.

Another of the grounds of appeal, which is stated under Assignment of Errors No. 1, is that the acts charged in the information do-not constitute a public-offense.

The information charges, in brief, that the defendants, being members of the board of examiners of candidates for licenses to practice as pharmacists, combined and agreed to approve the examinations of certain candidates for licenses as pharmacists who were not legally qualified to be enrolled and .admitted to examination and furnished them with the answers to the questions to be answered by them in order to obtain their licenses as pharmacists with the object of approving the copies and procuring that the other members of the examining board approve such examinations in order thus to issue to them the certificates and licenses for the practice of the profession of pharmacy in this Island, which acts are prejudicial to the public health and tended to pervert the due administration of the laws by issuing certificates as pharmacists to persons who were incompetent and ignorant of the requirements of. the profession.

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Cite This Page — Counsel Stack

Bluebook (online)
25 P.R. 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-julia-prsupreme-1917.