Portela v. Tribunal of the Judicial District of San Juan
Portela v. Tribunal of the Judicial District of San Juan
Opinion of the Court
delivered the opinion of the court.
On or about May 21, 1945, an action for damages brought by the petitioner against Eastern Sugar Associates was tried before the respondent judge, as Judge of the District Court of San Juan in charge of the First Section of that court, and the judge reserved his decision. On March 26, 1946, and while the case was pending decision, Act No. 212 to “abolish” the District Court of San Juan and “create” the Tribunal of the Judicial District of San Juan (Laws of 1946, p. 394), became effective. Pursuant to said Act, the respondent judge was appointed, on that same date, March 26, 1946, “Judge for the Section of Extraordinary Eemedies and Special Proceedings, of the Tribunal of the Judicial District of
• The petitioner prays for a writ of mandamus to order the respondent judge to decide the action for damages. The alternative writ was issued and the judge as well as the Attorney General of Puerto Rico in his representation, appeared and explained that, under the construction which the respondent‘judge and his colleagues of the District Tribunal of San Juan give to Act No. 212 of March 26, 1946, the respondent judge has jurisdiction or power to entertain only those actions assigned to the section to which he has been appointed, and therefore, has no power or jurisdiction over petitioner’s case which has been assigned to another section, the “Civil Section. ’ ’
Let us first consider the provisions of Act No. 212. Section 1 announces that the District Court of San Juan is abolished, and § 2, creates the Tribunal of the Judicial District of San Juan. Sections 3 and 4 establish that the jurisdiction of the tribunal shall be precisely the same as that which the court had. Section 5 provides for the division of the tribunal in four sections, the Criminal Section,
“Section 10. — All actions, proceedings, remedies, causes, and civil and criminal matters of all kinds filed or pending on tbe date this Act takes effect in the District Court of the Judicial District of San Juan hereby abolished, shall continue to be heard in the Tribunal of the Judicial District of San Juan which, and the judges of the sections of which are hereby expressly vested with jurisdiction to take cognizance and continue to take cognizance of such actions, proceedings, causes, remedies, and matters, until the final resolution thereof, in accordance with the distribution hereinafter directed in this section. The judge of the Tribunal of the Judicial District of San Juan shall distribute among the different sections referred to in Section 5 of this Act, all the proceedings, causes, remedies, actions, and civil and criminal matters aforementioned in this section, assigning to said sections the said proceedings, causes, actions, remedies, and matters, according to the nature thereof.”
The remaining provisions of the Act, which for the most part refer to the other officers and employees of the court, their powers, duties, and compensation, are not specially relevant. >
In order the better to understand the lawmaker’s intention, it is well to examine the form in which the District Court of San Juan was constituted up to March 26,1946. It consisted of four judges,
That was the existing situation when the Legislature acted in March 26, 1946. It clearly and definitely eliminated the rotation system which prevailed in the District Court of San Juan and provided that each judge should act permanently in that section of the tribunal 'assigned to him. It substantially adopted the system prevailing in the District Court regarding the distribution of the work in four sections, although it made certain changes in the distribution of the work. It did not expressly provide that the appointed judge for one section was to lack jurisdiction or power to intervene in matters pertaining to another section. And it did expressly provide that if a judge of one section should be disqualified in any case another judge should be designated to substitute him.
We can not say, therefore, that Act No. 212 clearly shows the legislative intention to alter fundamentally that principle of the prevailing system which determines that the provisions regarding the distribution of work among the judges of a . court are directory and do not affect the power or jurisdiction of the judge to act in any case of which the court has jurisdiction. Not only does the legislative intention to limit the powers and jurisdiction of the judges of the Tribunal of-San Juan fail to show itself, but the effect of such a limitation would be so prejudicial to the administration of justice, and so far in conflict with the liberal policies of the procedural
The foregoing reasoning inevitably leads us to the conclusion that Act No. 212 should be construed in the sense of creating one District Tribunal of San Juan and not four, and that under said Act the judges of the Tribunal have power and jurisdiction to entertain any matter which falls within the jurisdiction of the Tribunal, although it is their duty, as laid down by the Legislature, to distribute the work of the court, both that which was pending on March 26, 1946, as well as - that' arising thereafter, in accordance with the system established by said Act, and following that system as faithfully as possible without violating procedural rules and principles which the Legislature has approved or ratified for the more speedy and simple administration of justice.
The respondent judge, therefore, has power and jurisdiction to decide the action for damages brought by petitioner.
The peremptory writ of mandamus should be issued.
Criminal actions and writs of habeas corpus ‘ ‘ arising from actions of a penal nature.”
Actions of divorce, nullity of marriage, support, filiation, incapacity, tutorship, emancipation, 'absence, adoption, patria potestas, waiver of impediment to marry, declaration of heirs, judicial authorizations, judicial administrations, probate proceedings, ad perpetuara memorial®,, appointment of guardians ad litem, habeas corpus proceedings not appertaining to the criminal section, cases of juvenile delinquents.
Injunctions, mandamus, certiorari, writs of prohibition, quo warranto,' unlawful detainer proceedings, wage claims, claims of personal property, summary foreclosure proceedings.
All other actions and matters not assigned to the other sections.
Aet No. 105 of September 16, 1925 (Laws of 1925, p. 966) and Act No. 132 of May 14, 1937 (Laws of 1937, p. 289).
Section 4, Act No. 105, swpra.
Regulations for the District Court of the Judicial District of San Juan, as revised and promulgated on December 18, 1940.
Aet No. 9 of April 5, 1941, authorizing the Supreme Court to promulgate rules of procedure “for the purpose of simplifying them and promoting the prompt administration of justice.” And see the Bules of Civil Procedure approved under the Act cited.
Núñez v. Benítez, Chancellor, 65 P.R.R. 812, and see Bules Nos.-54 and 81 of Civil Procedure.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.