People v. Prensa Insular de Puerto Rico

69 P.R. 636
CourtSupreme Court of Puerto Rico
DecidedMarch 18, 1949
DocketNo. 13238
StatusPublished

This text of 69 P.R. 636 (People v. Prensa Insular de 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 v. Prensa Insular de Puerto Rico, 69 P.R. 636 (prsupreme 1949).

Opinions

Mr. Justice Marrero

delivered -the opinion of the Court.

The District Attorney of San Juan filed, in the Municipal Court of San Juan, several informations against Prensa. [638]*638insular de Puerto Rico, Inc., and Antonio Ayuso Valdivieso, for the offense of libel. After the corresponding trials were held in said court and de novo in the District Court of San Juan, two of those informations are now under our consideration. Both cases were submitted on the same evidence introduced in the lower court, and in each of them Prensa Insular de Puerto Rico was sentenced to pay a fine of $800 and Antonio Ayuso Valdivieso a fine of $200 and in default of such payment, the latter to be confined in jail one day for each dollar left unpaid, such imprisonment not to exceed ninety days, plus costs. The informations involved in the appeals taken by both defendants recite, in substance, as follows:

“The said defendants, Corporación Prensa Insular de Puerto Rico, Inc., which is a corporation' organized under the laws of Puerto Rico ... as owner and editor of the newspaper ‘El Impartial’ published daily in the City of San Juan, Puerto Rico, and Antonio Ayuso Valdivieso as editor of the said newspaper, did unlawfully, wilfully, and maliciously in San Juan, Puerto Rico, within the municipal judicial district of the same name, permit to be published and did actually publish and cause to be circulated in the said city of San Juan and throughout the Island of Puerto Rico in the said newspaper ‘El Impartial7, on or about January 31, 1947, in the edition of year XIV, vol. 25, No. 5654, an article entitled ‘Condemnation or Corruption?— The People Will Say’ which article reads as follows:
(1) “ ‘Deriding law and insulting justice, availing of the subterfuge, lately in vogue, of a condemnation proceeding, the Commissioner of Education, Mariano Villaronga, has just consummated an illegal business transaction with the Caguas Development Company, the most important partner of which is the Commissioner of the Interior, Orlando R. Méndez, whereby The People of Puerto Rico paid the sum of $32,020 for two plots covering an area of one and one-half acres {cuerdas), to be divided in lots to be used to build thereon several school buildings at the place known as “El Verde” in Caguas. (2) In spite of the fact that Sections 202, 203, and 205 of the Political Code of Puerto Rico prohibit public officers from being interested in business affairs [639]*639carried on with the Government, the Commissioner of Public Education, Mariano Yillaronga, availing himself of the office of the Attorney General, on the 15th instant instituted condemnation proceeding against Caguas Development Company, one of whose partners is the present Commissioner of the Interior, Orlando R. Méndez, for the acquisition of two plots, located in Caguas, at the place known as “El Verde”, the first having an area of 1.407 acres, and the second, .523 acre, or a total area of one and a half acres, more or less. (3) These plots are outlined in the plans made therefor by the Department of the Interior of Puerto Rico on October 24, 1946, and December 28, 1946. The petition for condemnation referred to above, which was filed in the District Court of Caguas, is signed by Luis Negron Fernández, who is Acting Attorney General, and by F. J. Pérez Almiroty and F. Navarro Mendia, officers of the Department of Justice, (sic) (4) Following the condemnation proceedings now in vogue, Mariano Villaronga, acting in the name and representation of The People of Puerto Rico, and in his capacity as Commissioner of Public Education, fixed the price of $32,020 as a just and reasonable sum to„be paid by the Government of Puerto Rico for the acquisition of both plots. (5) Neither Slow nor Idle. Although Commissioner Villaronga alleged in the petition that all friendly efforts that had been made to acquire the aforesaid plots by purchase at the indicated price of $32,020 had failed because Caguas Development Company had refused to sell them at that price, the truth is that the members of said firm, as soon as the latter was served with notice of the petition filed against it to condemn the two plots aforesaid, neither slow nor idle, consented thereto on the day following the service of notice and agreed to accept Commissioner Villa-ronga’s generous offer. (6) Unto Whomsoever God hath Granted ... If time elapsed rapidly between the filing of the petition and the consent thereto by the partners of Caguas Development Company, with no less haste did Justice proceed, for on January 17, that is, the day after the petition was filed, the District Court of Caguas, by its Judge, Mr. José Villares Rodríguez, did enter the following judgment: (7) “Judgment. The People of Puerto Rico represented by the Commissioner of Education, Mariano Villa-ronga, has instituted a condemnation proceeding against [640]*640Caguas Development Company, a partnership created under the laws of Puerto Rico, by Deed No. 128, executed before Notary Luis Morales Contreras, in Caguas, Puerto Rico, on July 7, 1945, and with offices at the city of Caguas. The property involved in this action consists' of two parcels of rural land located in the ward of Turabo, Caguas, in the Subdivision ‘El Verde’, the first having an area of 1.407 acres and the second, .523 acre, which are described as follows: ‘A’ and ‘B’ (as they appear in the petition). — These parcels are segregations from a larger tract, which is described as follows: ‘Rural: Parcel of land, etc. (Petition).’ —The interest which The People of Puerto Rico intends to acquire in the aforesaid property is a title of absolute ownership to carry into effect the enlargement of the High School and Junior High School of Caguas, Puerto Rico, as well as to build a new school building, all of which constitutes a public necessity,, pursuant to the provisions of Section 2 of Act No. 256, of April 3, 1946. The People of Puerto Rico deposited in the Office of the Clerk of this Court the sum of $32,020, that is $23,800 for plot ‘A’ and $8,200 for plot ‘B’. The respondent, Caguas Development Company, appeared in the proceedings and consented to the petition through its partner, Luis Sugrafies Izquierdo. — Therefore, judgment is entered declaring that The People of Puerto Rico has been invested with the full dominion title to the above-described parcels, together with all the buildings, betterments, uses, easements and accessories thereof, including any right, title or interest that respondent may have in them, to be used for said public purpose. It is further ordered that respondent and its representatives, agents or employees in possession of said property, transfer and deliver the spme to the Commissioner of Education; the sum deposited in this Court as compensation for the acquisition of the parcels is held to be just and reasonable; and the Registrar of Property of Caguas, Puerto Rico, is hereby ordered to record the dominion title to said property in the name of The People of Puerto Rico, free from all liens, encumbrances, mentions, reservations, or defects whatsoever. — Caguas, P. R., January 17, 1947. (Sgd.) J. Villares Rodríguez, Judge.” (8) The Planning Board, presided by Rafael Picó, and which is located in the neighborhood of the Department of the Interior, which for a long time had [641]*641known that this illegal transaction was being effected, also allowed the consummation of this transaction, because this Board, with extraordinary haste and speed which amaze those who know its tiresome red tape, on December 4 passed a resolution approving the transaction. (9) Original Cost.

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69 P.R. 636, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-prensa-insular-de-puerto-rico-prsupreme-1949.