Serra v. Salesian Society

84 P.R. 311
Procedural entryThis page is a short order in Serra v. Salesian Society. Read the opinion of the Court — 84 P.R. Dec. 322
Supreme Court of Puerto Rico·Decided December 29, 1961·No. No. 12454·Published

Opinion

Mr. Justice Rigau

delivered the opinion of the Court.

In this action the courts are urged to use the State’s coercive machinery to enforce an illegal contract.

A close examination of the facts of the case is warranted; then we shall consider the applicable law. In June 1954, Rev. Juan Riu, Father Superior of Oratorio San Juan Bosco, a Catholic Church institution situated in Santurce, P. R., mailed to Elisa Pérez Serra, the plaintiff herein, to her residence in Guánica, P. R., a mimeographed circular dated June 1 of that year together with a coupon book containing ten one-dollar tickets for a raffle to be drawn, as recited in that circular, on July 4, 1954. The said circular, which is signed by Father Riu, explains that the priests were collecting funds for religious purposes of the Oratorio and adds, “To that end, we count on the success of a raffle which ... we propose to draw on July 4.”

The raffle prizes would be a “diamond ring valued at $8,000,” a “hand-painted picture,” a radio, and a silver rosary. Those prizes would correspond, in their order, to the holders of the tickets with “the numbers corresponding to the first, second, third, and fourth prizes of the special drawing of the Lottery of Puerto Rico to be held on July 4, 1954,” as stated in the tickets.

[313]*313The plaintiff decided to buy the tickets, but she had to wait till the end of the month for her husband to receive his check in order to be able to remit the $10, which is the amount of the tickets, to Father Riu in San Juan. Her husband received the check, it was cashed, and on July 2 the plaintiff went to Yauco in order to send the money to San Juan with a person whom she knew quite well. This person was William Oliveras, co-owner of a public-service car which covered daily the Yauco-San Juan route. Oliveras put away the money in his desk in order to take it the next day, July 3, to San Juan to Father Riu. On that date a relative of Oli-veras, who was very ill in Ponce, died and for that reason Oliveras forgot Mrs. Serra’s errand. The money remained in his desk in Yauco.

The lottery was drawn on July 4. Mrs. Serra learned that her ticket was the winner of the $8,000 diamond, but she also learned that Oliveras had forgotten to take the money to the Father. In order to prove to the Father that she had given the money to Oliveras on July 2, before drawing the raffle and not after, Elisa Serra went to the Oratorio in Santurce in the company of Oliveras. They explained the situation to Father Riu and delivered $10 to him in payment of the tickets, which the Father accepted. On that occasion the Father told the plaintiff that he would deliver the diamond to her, but that he did not have it with him and that it was in a bank in San Juan; that he would deliver it to her two days later. The plaintiff stayed in San Juan and two days later she called up the priest in order to pick up the diamond. The Father then told her that he would not deliver it to her because the matter was in the hands of a lawyer and of a committee. That same week the Father sent the lawyer and . two other persons to call on the plaintiff for the purpose of returning the $10 and informing her that the prize would-not be delivered to her. The plaintiff refused to accept the ■ money.

[314]*314The plaintiff testified that although she was reluctant to “go that far/’ but “since the Father told me that he had a lawyer/’ she also hired a lawyer. The plaintiff and her lawyer went to see the Father again. At that interview the Father asked for “evidence” that she was the winner. The plaintiff complied and brought from Yauco, to see the Father, the four persons who were present in Oliveras’ office in Yauco on July 2 when she delivered the money to Oliveras in order that he would bring it to the Father. Those persons were William .Oliveras himself, his secretary Pablo Mercado, and two ladies who were regular passengers in Oliveras’ cars (Ana Pérez and Adelina Santiago). Again they explained the situation to the priest and informed him that those four witnesses had given sworn statements to that end. The plaintiff also handed to Father Riu a letter of introduction of the priest of Arecibo, who had performed the marriage between her and her husband 18 years ago. She brought other letters of introduction and “the edition of the newspaper” ■to which we shall refer shortly. Despite the witnesses and ,-the letters, the Father ratified his decision not to deliver the :prize.

The lottery was drawn, as has been said, on July 4. The following also appears from the evidence. The plaintiff and -Oliveras delivered the amount of the tickets to Father Riu on •'July 7 or 8. Under date of July 14, Father Riu sent to the purchasers of the raffle tickets a mimeographed circular, signed by him, informing the winners of the prizes. According to that letter, the plaintiff, Elisa Pérez Serra, of Guá-nica, was the winner of the first prize. The letter also informs that two other persons “were also presented with television sets”: Demetria Rodríguez and Dr. Manuel Gar- ■ cía Estrada. In the July 17 edition of “El Mundo” news- paper of San Juan there was published a notice of Oratorio “San Juan Bosco informing the winners of the July 4 “activity,” in which Elisa Pérez Serra, of Guánica, is declared [315]*315to be the first winner. Also mentioned, among other winners, is Dr. Manuel Garcia Estrada.

Dr. Manuel Garcia Estrada testified at the trial as one of the witnesses for the defendants. His participation in the acts consisted in that he was one of the members of the committee who called on the plaintiff, at Father Riu’s request, for the purposes of returning the $10. After testifying, the attorney for the plaintiff asked Dr. Garcia Estrada on cross-examination whether he had received the television set which he had won, according to Father Riu’s circular of July 14. The doctor’s answer was this: “That’s the first news about the television set. I have not received the television set nor the notice from Father Riu, nor anything.”

Finally, in view of the failure of all her persuasive attempts the plaintiff brought a civil action in the superior court praying that the defendants be ordered to deliver to her the diamond ring valued at $8,000, or the equivalent in cash, plus costs and attorney’s fees. The complaint having been sustained by the trial court, the defendants, Father Riu and Salesian Society, appealed to this Court charging the trial court with the commission of six errors. 'We copy below verbatim the first error: “The.trial court committed. gross and fundamental error in denying the motion to disrr miss, the motion for summary judgment, and the special defense alleged in the answer, on the ground that the court lacks jurisdiction to take cognizance of this case,- inasmuch-as it is expressly forbidden by law by'reason of the subject matter and that, for the same reason, the complaint does not state facts constituting a cause of action.”. - s/

In other words, the issue-before this Court-is; -can the courts give .plaintiff the remedy-sought by her?- Would that be. compatible, with our duty to -uphold thé laws? -Is it-possible in view of the existing -specificdaw? Let ñs •consider' the nature.- of the contract between the. parties and- the. existing -situation of,law. . .

[316]*316Raffles, lotteries, and other games of chance aré prohibited by law. Only some are permitted by way of exception, and in these cases the Legislative Assembly has had (reasons of public policy to do so. Section 291 of our Penal •Code provides that:

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Serra v. Salesian Society, 84 P.R. 311 (prsupreme 1961).

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