Sierra Berdecía v. Superior Court

75 P.R. 792
CourtSupreme Court of Puerto Rico
DecidedJanuary 18, 1954
DocketNo. 2043
StatusPublished

This text of 75 P.R. 792 (Sierra Berdecía v. Superior Court) 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
Sierra Berdecía v. Superior Court, 75 P.R. 792 (prsupreme 1954).

Opinion

Mr. Justice Marrero

delivered the opinion of the Court.

In an action claiming wages brought by the Secretary of Labor in representation and on behalf of a laborer, under the authority of Act No. 10 of November 14, 1917 (Sess. Laws, Yol. II, p. 216), the District Court of Puerto Rico, Utuado Section, entered judgment on June 1, 1953 ordering the defendant to pay to petitioner the sums owing by the latter. Copy of the notice of the judgment was filed of record on the same day. Defendant appealed on the 10th of the following June. Petitioner moved for dismissal on the ground that the appeal was untimely. The Superior Court of Puerto Rico, Arecibo Part, dismissed the motion on the ground that, although in accordance with the latter Act the period to appeal was five days, counted from the filing of record of the notice of the judgment to the losing party, the term for appeal was in its opinion extended by the rules governing [794]*794appeals from the District to the Superior Court, in force since October 15, 1952. Upon reconsideration at petitioner’s request, the Superior Court ratified its opinion. A writ of certiorari was issued by this Court at the request of the Secretary of Labor. '

The- latter rules provide in their pertinent part:

“8. When a district judge enters a final judgment, a party feeling aggrieved may take an appeal to that part of the Superior Court which has replaced the section of the former District Court to which appeals from judgments of the different sections of the former Municipal Court of Puerto Rico were taken.. . .
“5. An appeal shall be taken by filing a written notice thereof with the Secretary of the part where the case was. tried, after notice to the opposing counsel of record, or to the party himself if he has no counsel, within ten (10) days after the Secretary files in the record the notice of judgment as provided by law. If the notice of appeal is not filed within the said ten (10) days, the appeal shall be dismissed by the appropriate judge of the Superior Court.”

The foregoing rules are provisions of a general character applicable to ordinary cases of a civil nature. However, although an action claiming wages brought under the authority of Act No. 10 of 1917, supra, is of a civil nature, it is not an ordinary but a special action. It so appears from a great portion of the provisions of that Act which we copy:

“Section 1.— [As. amended by Act No. 150 of 1950, Sess. Laws, p. 4,06.] Whenever a workman. . . shall find it necessary to claim from his employer . . . any sum on account of compensation for work or labor done for said employer, . . ..he may appear before the municipal court of the judicial district (now district court)1 wherein the work was done or where said" workman . . . resides, and file a complaint against the employer, which complaint shall be made out or filled in ... by the judge or secretary of the court, ...
“When the complaint ... is a married woman, a court claim may be established without requirement of said party appearing . . . accompanied by her husband.
[795]*795“The complaint may include the claims of all workmen or employees of the same employer who failed to receive their equities, benefits, or wages due on the same work; . . .
“Against judgments entered by district courts (now superior courts), in cases of original jurisdiction, appeals may be filed with the Supreme Court within the five (5) days following notification of the judgment.
“It shall be the duty of the Secretary to transmit to the Supreme Court the original record of the case, together with a transcript of the evidence duly certified by the district judge (superior).
“Section 2. — [As amended by the said Act of 1950.'] The judge shall issue an order for serving copy of the complaint on the defendant, warning him that he shall file his answer in writing . . . within ten (10) days after said service of notice, if made in the judicial district . . . and within fifteen (15) days in all other cases, and warning also said defendant that should he fail to do so judgment shall be entered against him granting the remedy sought, without further summons or hearing . . .
“The marshal or a private person shall serve the order of the judge. Where the defendant is not found, the order shall be served on the person who in any manner represents the said defendant in the factory ... or place where the work originating the claims was performed. Where the defendant resides outside of Puerto Rico a summons shall be made through edicts, . . . and the defendant shall file his answer within fifteen days following the publication of the last edict.
“Section 3. — [As amended by Act No. 182 of 1948, Sess. Latos, p. 470.] Where the defendant files his answer to the complaint . . . the hearing shall be heard irrespective of calendar . . .
“Where the defendant shall fail to file his answer . . . the judge shall render judgment against the defendant, at the instance of the complainant, granting the remedy sought ... the defendant may, within five days following the service of notice of the judgment, appeal from the municipal court to the proper district court or from the district court ... to the Supreme Court... (Italics ours.)
[796]*796“Section. 4.— [As amended by Act No. 17 of 1945¡ Sess. Laws, ■p. 44-.] The Secretary of the court shall notify by mail, with .a copy of the complaint and of the writ fixing the date for the trial, the Commissioner of Labor (now Secretary of Labor), who may intervene in the proceedings through any of the attorneys. or agents of the Department of Labor.
“Section 5.. — [As amended by Act No. 182. of 1948, p. .£70,] . . . where the defendant only shall appear, the court shall dismiss the claim; . . . the aggrieved party rypp-y, within five, days following the service of notice of the judg.mertfi, appeal from the municipal'court to the . . . district court, . -. . or from the district court ... to the Supreme Court . . . (Italics ours.)
“Section 6.— [As amended by the Act. of 1945, supra.] Before beginning the introduction of evidence the court .shall pass upon all such questions of laws as may be submitted to .it; . . .
“No complaint shall be dismissed for defects in form,.only.
“Section 7. — [As amended by Act. of 194-5, supra.] Within twenty-four (24) hours after the hearing the judge shall render judgment, aifirming or dismissing the claim ... ,.
“Section 8.- — [As amended by Act No. 40 of 1.935, Sess. Laws, p. 238.] Any of the parties who may believe himself ..prejudiced by the judgment may take an appeal to the district court...
“The appeal shall be taken by filing ivith the secretary of the ■municipal court %oithin five days after notice is given of the .sentence, a writing setting forth the intention of appealing.. . (Italics ours.)
“Section 9. — [As amended by the Act of 1935, supra.]

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75 P.R. 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sierra-berdecia-v-superior-court-prsupreme-1954.