People v. Oquendo Quiñones

79 P.R. 511
CourtSupreme Court of Puerto Rico
DecidedJune 29, 1956
DocketNo. 16094
StatusPublished

This text of 79 P.R. 511 (People v. Oquendo Quiñones) 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. Oquendo Quiñones, 79 P.R. 511 (prsupreme 1956).

Opinion

Mr. Justice Marrero

delivered the opinion of the Court.

In the Superior Court of Puerto Rico, Bayamón Part, Fidel Oquendo Quiñones was charged with a violation of § § 6 and 8 of the Weapons Law of Puerto Rico — No. 17 of January 19, 1951, Spec. Sess. Laws, p. 426, 25 L.P.R.A. § 411.1 The cases were heard jointly before the court with[513]*513out a jury,2 defendant being found guilty of both offenses and sentenced to six months in jail on the first count and from one to two years’ imprisonment in the penitentiary on the second count. He appealed from those judgments to this Court and in the brief in support of his appeal he contends that: (1) “the information in the case . . . for violation of § 8 of the Weapons Law of Puerto Rico does not state facts sufficient to constitute an offense for which defendant may be punished”; (2) “the evidence as to the possession and carrying of weapons by defendant is insufficient to support the judgments of the lower court, and, therefore, it committed a serious error of law in declaring defendant guilty, and convicting him on the basis of such evidence.” The errors assigned were not committed.

The information referred to in the first assignment reads, insofar as pertinent, as follows:

“The prosecuting attorney hereby files an information against Fidel Oquendo Quiñones, a resident of Street 11, D-19, Barrio Amelia in Guaynabo, Puerto Rico, for a violation of § 8 of the Weapons Law of Puerto Rico . . . committed as follows:
“The aforesaid Fidel Oquendo Quiñones, on or about July 12, 1955, and in Barrio Amelia of Guaynabo, Puerto Rico, which forms part of the Court of First Instance, Superior Court of Puerto Rico, Bayamón Part, unlawfully, willfully and maliciously was bearing, carrying and transporting a loaded revolver, without having a license to carry weapons issued therefor by the Court of First Instance, Superior Court of Puerto Rico, Bayamón Part, which is the District appertaining to the domicile of defendant herein, or by the Chief of Police of Puerto Rico, such revolver being a firearm with which serious bodily harm may be inflicted.” 3

[514]*514This Court has repeatedly held that under the Weapons Law in force it is an offense to possess, have or carry a pistol, revolver or any other firearm without having previously obtained a license therefor, as well as the failure to register it once obtained. People v. González, 75 P.R.R. 409; People v. Rivera, 73 P.R.R. 402; People v. Segarra, 77 P.R.R. 696. Here, as we have seen, it is alleged that the defendant lives in the Barrio Amelia of Guaynabo and that he was bearing, carrying and transporting a loaded revolver without having a license to carry weapons issued therefor by the Superior Court of Puerto Rico, Bayamón Part, which is the district appertaining to defendant’s domicile. His contention is that although it is specifically alleged that he had no license to carry weapons issued by the Baya-món Part of the Superior Court of Puerto Rico, that charge is insufficient inasmuch as in Puerto Rico there are other Parts of the Superior Court which might have issued the license to carry the weapon in question. Such contention is untenable since by an express provision of § 21 of the Act —25 L.P.R.A § 431— “In addition to the licenses referred to in the preceding section, license may be granted to bear, transport and carry a pistol or revolver by the District Court of Puerto Rico 4 for the District appertaining to the domicile of the applicant, upon a hearing of the district attorney. . . (Italics ours.) Since the Part of the Superior Court appertaining to defendant’s domicile is the one called upon to issue any license to carry weapons, the allegation that he had his residence within the territory of that Part and that he was bearing, carrying and transporting a loaded revolver without having a license issued by the aforesaid Part of the Superior Court of Puerto Rico was sufficient at law.

In the case of People v. Segarra, supra, the defendant was charged with the carrying of a revolver “without [515]*515having a license therefor issued either by the Superior Court, Ponce Part, the district in which he is domiciled, or by the Chief of Police of Puerto Rico.” The first error there assigned was that the judgment rendered in the firearms case was contrary to law as the People failed to prove that the defendant did not have a license to carry a weapon. In the course of the opinion we stated:

“. . . an information must allege that the defendant was bearing a firearm without having a license therefor. People v. González, supra (75 P.R.R. 409); People v. Rivera, supra (73 P.R.R. 402). However, in both cases, once the People has put the defendant on notice by making the negative averment, it is not incumbent upon the prosecution to adduce positive evidence to support such a negative averment which if untrue could be readily disproved by the production of a document or other evidence readily within the defendant’s control. . . .
“The People charged the defendant with bearing a firearm zaithout having a license therefor and proved .that he was bearing a revolver on the date named in the information. A presumption of illegal bearing thereupon arose which the defendant was entitled to refute by proving if he could that he had a license to bear it. In the absence of such proof establishing the said defense and showing that the defendant fell within the exception in the statute for those having licenses to bear a weapon, the jury was justified in finding the defendant guilty as charged in the information. . .” (Italics .ours.)

In the case at bar the defendant was charged, as we have seen, with the carrying of a revolver without having a license therefor issued by the Bayamón Part of the Superior Court. As in the ease of People v. Segarra, supra, the presumption of unlawful bearing of a firearm arose, and it was the duty of the defendant to overcome the presumption, which he failed to do. See also, People v. Rupizá, 72 P.R.R. 694, 697; People v. Pacheco, 78 P.R.R. 23, 28. Cf. People v. Olmo, 56 P.R.R. 384.

In countless cases we have held that in prosecutions for carrying a firearm, when it is not presented because it was not seized, the evidence for the prosecution [516]*516must be clear and convincing. People v. Pacheco, supra; People v. Garcés, 78 P.R.R. 95; People v. Rupizá, supra; People v. Guzmán, 52 P.R.R. 444; People v. Carrillo, 51 P.R.R. 353; People v. Sánchez, 50 P.R.R. 689; People v. García, 42 P.R.R. 137; People v. Cartagena, 37 P.R.R. 261. It was so in this case. Let us examine, for example, the fundamental part of the testimony of José Martínez Granado and Carmelo Méndez García who, as witnesses for the People, stated:

José Martínez Granado:
“Q. Where were you on that day, July 12, 1955, at about half past ten in the evening?
“A. At Primitivo Colón Otero’s cafetín.
“Q. While there on that night, in that cafetín,

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