Pagán v. Municipality of Luquillo
Pagán v. Municipality of Luquillo
Opinion of the Court
delivered the opinion of the Court.
Attorney Bolívar Pagán rendered professional services to the Municipality of Luquillo in a suit brought by the latter to restrain Juan Bernabé from obstructing the use of a country road by the residents of the municipality, and the municipality appropriated- in its budget the sum of $300 for such services. The Auditor of Puerto Rico ordered a readjustment of said budget. This was done, and the said sum w*as again appropriated, but it was never paid to that attorney notwithstanding his repeated demands. Said attorney then brought an action to recover the sum of $600 as the value of his services. A judgment was rendered for
The only ground urged in this Court for a reversal of ■ the judgment is the failure of the lower court to sustain the defense set up by the municipality in its answ’er to the complaint, that the procedure by suit resorted to by the appellee was not the proper and legal remedy as being in conflict with sections 20 and 21 of our Organic Act. In other words, that he should have availed himself of the administrative procedure prescribed in the above sections, by bringing his claim before the Auditor of Puerto Rico, with the right of appeal to the Governor of Puerto Rico; and that he should not have instituted a. judicial proceeding, as there is involved a debt liquidated by the municipality, and because the action of the Auditor would have finally settled his claim.
According to said section 20, the Auditor of Puerto Rico shall examine, audit, and settle, in accordance with law and administrative .regulations, all expenditures of funds and property pertaining to or held in trust by the Government of Puerto Rico or the municipalities or dependencies thereof, and his decisions shall be final except that appeal therefrom may be taken within one year to the Governor of this Island, as prescribed in section 21.
The claim of attorney Pagan had not been liquidated by the municipality, as the latter lacked authority to fix arbitrarily the amount of the compensation for the attorney who represented it in said suit. The determination of the reasonable value of such services, in the absence of an express contract, is a judicial and not an administrative function, as the Auditor is not authorized by law1 to appraise such value; and hence said attorney was entitled to enforce his claim by resorting to the courts of justice, which are the only ones competent to settle his controversy with the municipality.
The judgment appealed from must-be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.