People v. Miranda

79 P.R. 667
Supreme Court of Puerto Rico·Decided November 5, 1956·No. No. 15945·Published

Opinion

Mr. Justice Saldaña

delivered the opinion of the Court.

Appellant was charged with violating the Insular Supplies Act (23 L.P.R.A. § 731 et seq.) in connection with Administrative Order No. 228 of 1953.1 The information consists of three counts, to wit: that on May 21, June 3, and June 10, 1953, Leandro Miranda, then a rice wholesaler, illegally, wilfully, and maliciously violated the provisions of the said administrative order, selling to Daniel Flores Castro some sacks of rice and charging each time an overprice which he caused to appear in the invoices as corresponding to sales of boxes of candy, oil, and chewing gum, when the fact was that the defendant never sold such articles to the purchaser.

[670]*670The trial having been held, the lower court found the defendant guilty and sentenced him to serve two months in jail and to pay a fine of $250 for each of the three violations, the jail sentences to be served concurrently. On appeal, it is alleged that the trial court committed the following errors:

“First Error: . . . the defendant was deprived of his constitutional right to a trial by jury guaranteed by . . . the Constitution of the Commonwealth of Puerto Rico. . . .
“Second Error: The judgments against defendant-appellant are null and void because they violate Art. II, § 12, second par., of the Constitution of the Commonwealth of Puerto Rico, which provides that no ex post facto law shall be passed.
“Third Error: . . . the state’s evidence did not show that the defendant personally violated the law, and that if any violation was committed, it must have been by his employees without appellant’s consent, instigation, or authorization.
“Fourth Error: Section 13(5) of Act No. 31 of September 15, 1950, which deprives the defendant of the right to a trial by jury, is null and void because it is repugnant to the Fifth and Fourteenth Amendments to the Constitution of the United States, and to § 7 of Art. II of the Constitution of the Commonwealth of Puerto Rico.”

In support of the first assignment, appellant maintains that, in view of the nature of the offense and of the penalties provided by law, the constitutional provision which guarantees to every accused a trial by jury “in all prosecutions for a felony,” is applicable. We do not agree. Paragraph 2 of § 11 of Art. II of the Constitution of the Commonwealth of Puerto Rico provides that: “In all prosecutions for a felony the accused shall have the right of trial by an impartial jury composed of twelve residents of the district, who may render their verdict by a majority vote which in no case may be less than nine.” L.P.R.A., Yol. I, p. 181. As clearly indicated by the report of the Bill of Rights Committee and the debates of the Constitutional Convention, the term “felony” employed in that constitutional provision does not include any offense classified as a misdemeanor under [671]*671the legislation enacted before the Constitution went into effect, which did not necessarily grant the right to trial by jury. The nature of the offense and the penalties provided by law are of slight importance in this respect.2 Here the violations for which appellant was prosecuted were characterized as misdemeanors under Act No. 31 of September 15, 1950. And the law specifically provides that the trial shall be held by the court.

In the second error assigned, appellant maintains that Act No. 97 of June 19, 1953 (Sess. Laws, p. 350) is the only applicable law in fixing the penalties in this case, but that it is unconstitutional because it altered the norm of the punishment prescribed by law for the offenses involved in this case, at the time of commission, to the prejudice of the defendant. This contention, in our opinion, lacks merit. According to the three counts contained in the information, appellant committed the misdemeanors recited above on three [672]*672different dates: May 21, June 3, and June 10, 1953. There is no question that § 13 (6) of Act No. 228 of May 12, 1942, as amended by Act No. 31 of September 15, 1950, provided at that time for each violation charged against appellant a penalty of imprisonment in jail for not less than thirty (30) days nor more than two (2) years, and in addition a fine of not less than one hundred (100) dollars nor more than ten thousand (10,000) dollars. Section 13(6) of Act No. 228 of 1942 originally provided for a jail sentence of not less than three (3) months nor more than two (2) years, and a fine not to exceed five thousand (5,000) dollars. Obviously, the lower court applied in this case the amendatory Act of 1950, since it sentenced appellant to serve two (2) months in jail and imposed a fine of two hundred fifty (250) dollars for each offense.

Appellant maintains, however, that by the subsequent enactment of Act No. 97 of June 19, 1953, the Legislative Assembly restored the penalties originally established by §13(6) of Act No. 228 of 1942, and impliedly repealed the amendatory Act of 1950. This contention rests exclusively on the fact that, in providing that “violations of the orders, rules and regulations issued by the Economic Stabilization Administrator shall be punished in the manner provided by Act No. 228 of May 12,1942,” the ritual phrase “as amended” was not included at the end of § 2 of Act No. 97, supra, of 1953. Appellant’s interpretation of the law seems to us absurd and unacceptable. In the first place, for obvious reasons of logic and justice, implied repeals shall not be encouraged by the courts. People v. Shell Co. (P.R.) Ltd., 56 P.R.R. 55 (1940); 1 Sutherland, Statutory Construction (3d ed.), § 2012. Moreover, the sole purpose of Act No. 97 of June 19, 1953, was to create the Economic Stabilization Administration and to transfer thereto the functions, powers, and duties of the former General Supplies Administration and also of the Rent Administration. Everything points to [673]*673the fact that the legislative intent was to maintain unchanged the substantive provisions of Act No. 228 of 1942, as it stood at that time. Hence, the omission of the words “as amended” at the end of § 2 can not constitute an implied repeal of the Act of 1950, amendatory of § 13(6) supra. In reality, the reference made to “Act No. 228 of May 12, 1942” in the context of the Act of 1953 is sufficient to include all the amendments introduced from 1942 until 1953 to the penal provisions of the Insular Supplies Act. 1 Sutherland, Statutory Construction (3d ed.), § § 1910, 1935, 2006 et seq., 2031. In other words, Act No. 31 of September 15, 1950, amending § 13 (b) of the Insular Supplies Act, was in force both at the time the offenses charged in this ease were committed and at the time the judgments appealed from were rendered. Consequently, in the case at bar no question is actually raised as to whether or not an act or its application is ex post facto under the second paragraph of § 12, Art. II of the Constitution of the Commonwealth of Puerto Rico. Cf. Lindsey v. Washington, 301 U. S. 397 (1937), and Fernández v. Rivera, Warden, 70 P.R.R. 859 (1950).3

Again we do not agree with appellant as respects the third assignment of error.

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