Santos v. District Court of Ponce

45 P.R. 639
CourtSupreme Court of Puerto Rico
DecidedOctober 26, 1933
DocketNo. 286
StatusPublished

This text of 45 P.R. 639 (Santos v. District Court of Ponce) 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
Santos v. District Court of Ponce, 45 P.R. 639 (prsupreme 1933).

Opinion

Mr. Chibe Justice Del Toro

delivered tlie opinion of the Court.

This case involves the interpretation of Act No. 51 of 1933 (Session Laws, p. 314), as to whether the Municipality of Santa Isabel was thereby merely segregated from the municipal judicial district of Salinas, annexed to the municipal judicial district of Juana Diaz, and attached to the judicial district of Ponce for the sole purpose of the appeals originating in the Municipal Court of Juana Diaz, or whether said Municipality of Santa Isabel was also completely separated from the judicial district of Guayama and annexed to the judicial district of Ponce. The petitioner maintains the complete annexation,- the District Court of Ponce, the restricted one.

The full text of Act No. 51 is as follows:

"To SEPARATE THE MUNICIPALITY OF SANTA ISABEL FROM THE MUNICIPAL JudiCial District of Salinas, to Aístnex Said Municipality TO THE MUNICIPAL JUDICIAL DISTRICT OF JUANA DÍAZ, and to the District Court of the Judicial District of Ponoe, and for Other Purposes.
“Be it enacted by the Legislature of Puerto Bico:
"Section 1. — The municipality of Santa Isabel is hereby separated from the municipal judicial district of Salinas, and shall hereafter [640]*640be a part of the municipal judicial district of Juana Díaz, which shall hereafter be composed of the municipalities of Juana Diaz, Santa Isabel and Villalba.
“•Section 2. — The municipal court for the municipal judicial district of Juana Diaz shall have the same jurisdiction and powers as that of Salinas over eases arising within the limits of the municipality of Santa Isabel, including those cases at present pending before the municipal court of Salinas, which cases shall be transferred to the municipal court of Juana Diaz on motion made by any of the parties in inteiest.
“Section 3. — The cases on appeal from the municipal court of Juana Diaz proceeding from Santa Isabel, shall be received, heard and decided by the district court for the judicial district of Ponce, and the cases pending hearing on appeal on the date of the taking-effect of this Act shall be transferred to the district court for the judicial district of Ponce.
“Section 4. — All laws or parts of laws in conflict herewith are hereby repealed.
“Section 5. — This Act shall take effect ninety days after. its approval.
“Approved May 11, 1933.”

To judge from its title, it may be concluded that the act ordained the complete annexation of the Municipality of Santa Isabel to the judicial district of Ponce. The provisions set forth in the body of the act are the ones which appear to confine the annexation to the hearing’ of appeals taken from judgments rendered by the Municipal Court of Juana Diaz in cases originating in Santa Isabel.

For the proper solution of the problem, we shall examine the judicial organization of Puerto Rico, beginning with General Order No. 118 of 1899, which created the district courts. Said order was issued by Brigadier General Davis upon the recommendation of the Judicial Board. It divided the Island into five judicial districts, enumerated the municipalities composing each district, and fixed the district capitals at San Juan, Ponce, Mayagüez, Areeibo, and Humacao.

In each district there was created a district court composed of three judges with general civil and criminal juris[641]*641diction, and in each, municipality a municipal court composed also of three judges with limited civil and criminal jurisdiction. The five judicial districts were thus composed of municipalities and of municipal courts from whose judgments appeals could he taken to the district court of the corresponding judicial district.

In providing a civil government for Puerto Rico by the Act of April 12, 1900, the Congress of the United States directed that judicial power should be vested in the courts and tribunals of Puerto Eico already established and then in operation, including the municipal courts created by said G-eneral Order No. 118 of 1899; and thus the established courts continued to function in this Island until the Insular Legislature reorganized the system by the Act of March 10, 1904 (Session Laws, p. 103).

Section 1 of that Act provides:

“Be it enacted that the territory of Puerto Rico is hereby divided into seven judicial districts as follows: The district of San Juan, with its capital in the city of San Juan; the' district of Arecibo, with its capital in the city of Arecibo; -the district of Mayagfiez, with its capital in the city of Maya-gfiez; the district of Ponce, with its capital in the city of Ponce.; the district of Humacao, with its capital in the city of Humacao; the district of Guayama, with its capital in the city of Guayama; and the district of Aguadilla, with its capital in the city of Aguadilla; Provided, that the said judicial districts shall in the future be made of the following municipalitiesThe act enumerates them, and in referring to Guayama it provides: 1 ‘ The district of Guayama shall comprise the city of Guayama and the municipalities of Santa Isabel, Patillas, Cayey and Aibonito.”

The act goes on to specify the duties of the district judges, justices of the peace, and municipal judges, and in section 8 it provides: “There shall be a municipal judge for each municipal judicial district . . . and said municipal districts shall be constituted as follows: . . . Judicial district of [642]*642Aguadilla: District No. 8. Aguadilla and Isabela; capital at Aguadilla. District No. 9. Las Marías and Lares; capital at Lares. District No. 10. Añasco, Aguada and San Sebastián; capital at Añasco. Judicial district of Maya-güez: District No. 11. Mayagüez and Marieao; capital at Mayagüez. District No. 12. San Germán and Sabana Grande; •capital at San Germán. District No. 13. Cabo Rojo and Lajas; capital at Cabo Rojo. Judicial district of Ponce: District No. 14. Ponce and Adjuntas; capital at Ponce. District No. 15. Yauco. District No. 16. Juana Díaz and Coamo; capital at Coamo. District No. 17: Barros. Judicial district of Guayama: District No. 18. Guayama, Santa Isabel and Patillas; capital at Guayama. District No. 19. .Cayey and Aibonito; capital at Cayey.’’

On tbe following year the. Legislature enacted a law to include certain newly created municipalities, in the judicial districts of Puerto Rico (Laws of 1905, p. 118) and amended accordingly sections 1 and 8 of the Act of 1904 reorganizing the judiciary. With respect to Aguadilla, Mayagüez, Ponce, and Guayama, section 8, as amended, provided:

‘ ‘ Section 8. — There shall be a municipal judge for each municipal judicial district; . . . and said municipal districts shall be constituted as follows: . . .
“Judicial district of Aguadilla. District No. 8. Aguadilla, Aguada, Rincón, Moca and Isabela; capital at Aguadilla. District No. 9. Las Marías and Lares; capital at Lares. District No. 10. Añasco and .San Sebastián; capital at Añasco.
“Judicial district of Mayagiiez. District No. 11. Mayagiiez, and Maricao; capital at Mayagiiez. District No. 12. San Germán, and Sabana Grande; capital at San Germán. District No. 13. Cabo Rojo and Lajas; capital at Cabo Rojo.
“Judicial district of Ponce.

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45 P.R. 639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santos-v-district-court-of-ponce-prsupreme-1933.