People v. Villalba Suárez

86 P.R. 301
CourtSupreme Court of Puerto Rico
DecidedOctober 30, 1962
DocketNo. 486
StatusPublished

This text of 86 P.R. 301 (People v. Villalba Suárez) 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. Villalba Suárez, 86 P.R. 301 (prsupreme 1962).

Opinion

Mr. Justice Dávila

delivered the opinion of the Court.

The only question raised in this appeal is to determine whether or not the complaint filed against appellee in the District Court, San Juan Part adduces facts sufficient to constitute a crime. Defendant was charged “that on February 20, 195.9, about 4:12 p.m., and in the ‘barandilla’ in San Juan, Puerto Rico, the aforesaid accused Rafael Villalba Suárez, then and there, unlawfully, wilfully, maliciously, criminally, and knowingly violated the provisions of :§ 9c of Act No. 194 of 1951 (Puerto Rico Racing Act), consisting in that on the aforesaid date, hour and place he offered me and accepted an illegal bet with relation to the probable order of arrival of the third race which was held on the aforesaid February 20, 1959 in ‘El Comandante’ race track of Puerto Rico and which bet was not legally registered in the aforesaid race track on that day, a play made for ‘illegal pari-mutuel bet.’ In the third race I bet on horse No. 8 named ‘Galicia’, which ran next to the horses Yuca, Corre Corre, El Pillo, Corregidor II, Miriam, Pródigo, Fiesta, Corsario, and Papo. The bet consisted in that the horse on which I bet, ‘Galicia’, would arrive second in the aforesaid [303]*303race. I paid to defendant herein, Rafael Villalba Suárez, the amount of $1 for said illegal bet and at the moment it was made, the races had already started in the aforesaid race track and the bancas outside the structure of the race track could not accept bets to be registered in any way in the aforesaid race track.”

Section 9c added to the “Puerto Rico Racing Act” of 1950 (Act No. 421 of May 14, 1950) — 15 L.P.R.A. § 181 et seq. — by Act No. 194 of 1951 — 15 L.P.R.A. § 191 — which has been allegedly violated provided 1 the following in its pertinent part:

“Any person . . . who offers or accepts any bet with relation to the probable position in which any race horse will finish in violation hereof, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine . . .”

The District Court, which first heard the case, determined that the facts charged did not constitute a public offense. This decision was reviewed by certiorari by the Superior Court, and affirmed. We issued writ of review to determine the correctness thereof.

Defendant’s contention is that the Racing Act of 1950, as amended in 1951, provided absolutely nothing with relation to the way in which the bets may be carried out respecting horse races. And since nothing was provided on that score, the facts alleged in the information could not constitute a crime, since, as we have seen, what the law established as constituting a crime was to offer or accept a bet “in violation of this law.” In his argument appellee also contends that while it is true that the aforecited law authorized the Racing Commission, an agency created by said law, to regulate all matters concerning the sport of racing and that actually, the latter promulgated rules in order to carry out the bets, this regulation is not the law referred to by ■§ 9c alleged to have been violated.

[304]*304The question raised requires an analysis of the law. The Racing Act of 1950 as amended by that of 1951 created an administrative organ, the Racing Commission, and authorized this body to “regulate... all matters concerning the sport of racing in Puerto Rico.” Section 4; 15 L.P.R.A. § 184. It enumerated in detail all the powers granted, but established that this enumeration did not limit its powers. Among those enumerated was the one which reads: “To regulate all matters relating to the manner in which bets shall be placed in the German pari-mutuels, pools, mutuels, subscription funds, double entry, daily doubles, or any other betting system.” It likewise provided that “The Commission shall, after a public hearing, prepare the rules and regulations for the sport of racing, and the said rules and regulations shall, after they are approved by the Governor and published by the Commission, have the force of law, and the violation thereof shall constitute a misdemeanor, punishable as herein provided.” The Commission promulgated regulations and provided, among other manifold details, the manner in which bets would be accepted.2

[305]*305Hence, the law provided that to offer or to accept bets in violation of the law shall constitute a crime; it likewise provided that certain other actions with relation to the sport of racing shall also constitute a crime and it established the penalties which its violation would entail, but authorized an administrative agency to establish rules on all matters, concerning that sport, among others, how bets would be made, and it provided that these rules would have the force of law and their violation would constitute a misdemeanor punishable as the law itself provided. Thus the Legislature exercised its power to impose the penalty entailed by the violation of the regulations the promulgation of which was delegated to the Racing Commission. That is, the law itself provided that whoever violated the reglamentary provisions approved by the Racing Commission would be punished as established by the aforecited § 9c. The same thing applied to the other provisions of the law.

The accused invokes the case of United States v. Eaton, 144 U.S. 677 (1892), but the facts which came before the federal court were different. In the case of Singer v. United States, 323 U.S. 338 (1945) the case of Eaton was explained as follows:

“The Eaton case involved a statute which levied a tax on oleomargarine and regulated in detail oleomargarine manufacturers. Sec. 5 of the statute provided for the keeping of such books and records as the Secretary of the Treasury might require. But it provided no penalty for non-compliance. Other sections, however, laid down other requirements for manufacturers and prescribed penalties for violations. Sec. 20 gave [306]*306the Secretary the power to make ‘all needful regulations’ for enforcing the Act. A regulation was promulgated under § 20 requiring wholesalers to keep a prescribed record. The prosecution was for non-compliance with that regulation. Sec. 18 imposed criminal penalties for failure to do any of the things ‘required by law.’ The Court held that the violation of the regulation promulgated under § 20 was not an offense. It reasoned that since Congress had prescribed penalties for certain acts but not for the failure to keep books the omission could not be supplied by regulation. And Congress had not added criminal sanctions to the rules promulgated under § 20 of that Act.”

In the law, as interpreted in the case of Eaton, the wholesale dealers in oleomargarine were required to perform certain acts and a penalty for not doing so was provided. It also provided for the keeping of books in order to compile certain information, but it provided no penalty for noncompliance. Later, other details were added which had to be included in the information to be compiled in the books and the penalty for noncompliance was established, but Congress had not authorized the imposing of penalties in the Regulation. The situation in the present case is different.

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Bluebook (online)
86 P.R. 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-villalba-suarez-prsupreme-1962.