People v. Pla Hnos. Dry Cleaning Plant

73 P.R. 189
CourtSupreme Court of Puerto Rico
DecidedFebruary 28, 1952
DocketNo. 15178
StatusPublished

This text of 73 P.R. 189 (People v. Pla Hnos. Dry Cleaning Plant) 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. Pla Hnos. Dry Cleaning Plant, 73 P.R. 189 (prsupreme 1952).

Opinion

Mr. Justice Marrero

delivered the opinion of the Court.

Pla Hnos. Dry Cleaning Plant was accused of violating § 25 of the Law of Corporations because, being a private corporation, organized under the laws of Puerto Rico, and having done business in this Island, it illegally, wilfully and criminally and without legal excuse, did not file in the office [190]*190of the Treasurer of Puerto Rico, on or before March 15, the annual report required by that Section. The corresponding trial having been held, the corporation was found guilty and sentenced to pay a $500 fine. On appeal it alleges (1) that the penalty created by § 25, supra, is of a civil nature and that there being no offense for which it might be sentenced, the criminal section of the district court lacked jurisdiction to take cognizance .of the case; and (2) that should it be decided that the provisions of the aforesaid Section establish a public offense, appellant cannot be sentenced for it.

In discussing the first of the errors assigned, appellant contends that the question to be decided is whether the penalty imposed by the statute corresponds to the punishment for a misdemeanor or whether on the contrary it is a sanction civil in nature, such as are known under the Anglo-Saxon law as statutory penalties; that a careful examination of the provisions of § 25, as the latter was introduced in our jurisdiction in 1911, necessarily proves that the penalty imposed therein is of a civil nature; that if the Act of 1911 did not create a misdemeanor and was, therefore, of a civil character in all respects, it must perforce be decided that it remains so; and that although the aforesaid Section has been amended at different times, it does not appear in any manner whatsoever in the title of the amendatory Acts that it was the Legislature’s intent to establish a misdemeanor. We do not agree. Let us examine the history of the Section with which we are concerned, since its original approval until the present time.

Act No. 30 of March 9, 1911 (Sess. Laws, p. 87) “To Establish a Law of Private Corporations” substantially provided in its § 25 that “. . . Any such corporation failing or refusing to render such full reports or to amend the same when required to do so by the Secretary of Porto Rico or the Treasurer of Porto Rico in case the same shall be in[191]*191complete or unsatisfactory, shall forfeit to The People of Porto Rico two hundred dollars to be recovered with costs in an action to be prosecuted by the Attorney General at the request of the Secretary of Porto Rico.” (Italics ours.)1

Upon the aforesaid Section being amended by Act No. 12 of March 11, 1913 (Sess. Laws, p. 56), it was provided, insofar as pertinent here, that “In the event that such corporation fails or refuses to render such full report, . . . the Secretary of Porto Rico or the Treasurer of Porto Rico, as the case may be, shall report the same to the Attorney General, who shall cause to be commenced an action against such corporation, and, in the event of conviction, such corporation shall be subjected to the payment of a fine of $50 and costs, . . .” (Italics ours.)

Upon the aforesaid Section being amended anew by Act No. 92 of May 13, 1936 (Sess. Laws, p. 488), after using language similar to that copied above, it was stated: “and, in the event of conviction, such corporation shall be subjected to the payment of a fine of fifty (50) dollars and costs.” (Italics ours.)

Upon § 25, supra, being amended by Act No. 86 of May 12, 1943 (Sess. Laws, p. 200), the words “and, in the event of conviction, such corporation shall be subjected to the payment of a fine of fifty (50) dollars and costs,.” are once more used. (Italics ours.)

Finally, in Act No. 154 of May 11, 1948 (Sess. Laws, p. 358), which again amended § 25, a context similar to that of the foregoing Acts is used and it is stated “and, in the [192]*192event of conviction, such corporation shall be subjected to the payment of a fine of five hundred (500) dollars and costs” (Italics ours.) It was precisely under § 25 of the Act as it read after the 1948 amendment that the corporation was prosecuted.2

It cannot be disputed that in the Spanish text of § 25 of the Act, just as it was originally approved, it is stated that any corporation failing or refusing to render such reports “incurrirá en una multa de doscientos dollars, en bene-ficio de El Pueblo de Puerto Rico” and that in the English text the words just quoted appear as “shall forfeit to The People of Porto Rico two hundred dollars,” and that at first blush this might give the impression that the procedure to be followed against the corporation at that time was one of a civil, not penal, nature. However, it is likewise undisputed that in all subsequent amendatory Acts the phrase “convicta que fuere” (“in the event of conviction”) and the word “multa” (“fine”) are used. This undoubtedly suggests, that the action to be brought by the Attorney General of Puerto Rico against any corporation failing or refusing to comply with the Act is of a criminal nature. The word “convicta,” according to Guillermo Cabanella’s Diccionario de Derecho Usual, First Edition, means “reo al que, aun cuando no ha confesado su delito, le ha sido probado legal-mente por un cúmulo de pruebas evidentes.”

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73 P.R. 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pla-hnos-dry-cleaning-plant-prsupreme-1952.