Padilla v. Vidal Garrastazú
Padilla v. Vidal Garrastazú
Opinion of the Court
delivered the opinion of the Court.
The plaintiffs herein filed a complaint on April 21, 1949, in the District Court of Mayagüez, in order to recover a judgment rendered on May 10, 1935
In discussing the first error assigned, the defendant asks us to overrule all our cases in which upon interpreting the
Section 239 of the Code of Civil Procedure provides :
“The party in whose favor judgment is given, may, at any time within five years after the entry thereof, have a writ of execution issued for its enforcement.”
And § 243 of the same legal body:
“In all cases other than for the recovery of money, the judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded upon supplemental proceedings.” (Italics ours.)
Sections 239 and 243, supra, were taken from the California Code of Civil Procedure.
“In all cases the judgment may be enforced or carried into execution after the lapse of five years from the date of its entry, by leave of the court, upon motion, or by judgment for that purpose, founded upon supplemental proceedings; but nothing in this section shall be construed to revive a judgment for the recovery of money which shall have been barred by limitation at the time of the passage of this act.”
Therefore, as § 243 — which text is fundamental in the interpretation of the matter
Since § 685 of the California Code of Civil Procedure, as amended in 1895, provides that nothing in it shall be construed to revive a judgment for the recovery of money which shall have been barred, by limitation, it was necessary to construe it once more as it stood before the amendment, in connection with cases for the recovery of money in which judgment had been rendered prior to the effectiveness of the amendment.
In Doehla v. Phillips, 151 Cal. 488 (1907) the Supreme Court of that State faced the question directly. In it judgment was made December 30, 1891, and entered December 31, 1891 for $518.25, then due under the terms of a promissory note given by the defendants as joint makers. Nothing was done in the matter of enforcing said judgment until March 10, 1905 when an ex parte application was made to the superior court for an order allowing the enforcement thereof. Four days later an execution was accordingly
“Prior to the amendment [of 1895] of Section 685 of the Code of Civil Procedure a judgment for the recovery of money could not be revived or enforced in any way after the expiration of five years from the time the judgment became final. . . . Section 685 of the Code of Civil Procedure authorizing the judgment to ‘be enforced or carried into execution, after the lapse of five years from the date of its entry,’ was by its terms applicable only to cases ‘other than for the recovery of money’.” (Brackets and italics ours.)
The only substantial change made therein by the 1895 amendment consisted in the striking out of the words “other than for the recovery of money” after the words “in all eases” and in adding the last statement as to judgments for the recovery of money barred by limitation at the time of the enactment of the amendment. The effect of this addition was therefore to make the Section applicable to all cases, including actions for the recovery of money. See Saunders v. Simms, 183 Cal. 167, 170 (1920); 11 Cal. Jur., § 9, 15 Cal. Jur. 256, § 257; 67 A.L.R. 304.
However, in the opinion rendered in the case of Doehla v. Phillips, supra, it is stated that “Section 336 of the Code of Civil Procedure (of California)
On the other hand, the Supreme Court of the State of California decided in Bryant v. Bank of California, 7 Pac. 128 (1885) that the proceedings supplementary to execution are entirely statutory and such proceedings are separate in an original action and in which the court where the action is pending is called upon to exercise its jurisdiction in aid of the judgment in the action; and that as the statute which gives the remedy prescribes the mode of procedure, the mode must be followed.
The doctrine laid down in the California cases decided while § 685 of the Code of Civil Procedure prevailed in identically the same way as it prevails in Puerto Rico, is, in short, that in actions for the recovery of money any supplemental proceedings seeking the execution of the judgment rendered should necessarily be brought within the period of five years fixed by the aforesaid Section; that by supplemental proceedings it was meant those within the same action and in the same court to enforce the judgment rendered ; that notwithstanding the provisions of § 685 the successful party could file an independent action for recovery of money; and that such action, according to the specific provisions of § 336 of the same Code, had to be necessarily brought within five years after entry of judgment.
Section 243 of the Puerto Rico Code of Civil Procedure —like § 685 of California — speaks of supplemental proceedings to be followed for the execution of a judgment. Sections 269 to 276 of the same Code provide for “proceedings supplemental to the execution”, among which there is a motion for the court to compel the judgment debtor to appear
The right to bring an independent action for the recovery of money has been recognized by us. Tettamanzí v. Zeno, 24 P.R.R. 724; Candal v. Pierluisi, supra. As in Puerto Rico we do not have a Section equivalent to § 336 of the California Code of Civil Procedure
Interpreting § 1964 of the Spanish Civil Code, which is. identical with § 1864 of ours, the Supreme Court of Spain,, in its judgment of December 15, 1908 (112 Jurisprudencia-Civil 974, 979) decided “That whatever the nature of an action argued at trial, the judgment rendered therein constitutes a new and true title with legal rights inherent to the same, from which a personal action arises, to execute' .the judgment, different from the original one on which the petition in the trial was based, and this established, in the
Based oh the aforesaid reasoning, we conclude that although in Puerto Rico the enforcement or execution of a judgment for recovery of money can not be required within the same action after the lapse of five years, it may be commenced in an independent action within fifteen years. Therefore, the first error assigned was not committed.
Regarding the second error we shall say that although interest was not mentioned in the original judgment for damages, and that although the clerk of the court in entering judgment did not include it either, such interest by express provision of law, was a part of the judgment and recoverable. See: § 341, Code of Civil Procedure; § 1 of Act No. 5 of August 17, 1933 (Spec. Sess. Laws, p. 26); Concepción v. Latoni, 63 P.R.R. 666; Bravo v. District Court, 60 P.R.R. 265; Miranda v. P. R. Ry. Light and Power Co., per curiam decision of June 26, 1936 (50 D.P.R. 974); Hernández Mena v. Foote, 22 P.R.R. 705; as well as 14 Cal. Jur., pp. 675 and 945, §§ 4 and 48; 1 A.L.R. 2d 491.
At the hearing we asked the attorney for the appellant, without either party having raised the matter, whether in view of the payment of the $5,000, which was the amount of the original judgment, this suit had not become academic, to which he answered in the negative. We agree. The complaint filed in the case at bar prays for the payment of the total sum of $9,150 to cover the $5,000 of the original judgment plus $4,150 interest at the legal rate of 6 per cent for thirteen years, ten months and eleven days. The partial payment of the total sum claimed could not in effect operate to make the action academic. The interest, we repeat, was
The contention of the appellees to the effect that the amount of the judgment rendered in the case for damages-should be increased by us lacks merit, since it is a general rule of law that in an action on a former judgment, the original cause of action is not reviewable on its merits. 31 Am. Jur. 332, § 824.
The judgment appealed from will be affirmed.
On June 22, 1937 this Court assumed the defendant had given up its appeal, the judgment becoming final and unappealable since then.
No mention of the interest was made in the judgment.
Undoubtedly it was meant May 10, 1935. Cf. Ex parte Franceschi, 53 P.R.R. 72.
See among others, Valiente v. Buxó, 68 P.R.R. 123; Rodríguez v. Martínez, 68 P.R.R. 417; Capó v. Piñeiro, 33 P.R.R. 832; Candal v. Pierluisi et al, 28 P.R.R. 564.
See §§ 681 and 685 of the California Code of Civil Procedure, as they were in force in that State from April 2, 1866 to March 9, 1895, as well as Mann v. McAtee, 37 Cal. 11, 13; Weldon v. Rogers, 151 Cal. 432, 433. Cf. Youngdale v. Burton, 128 P. 2d 1053, 1055, (1942), in which reference is made to a statute of the state of Utah, of 1882, which was the same as j 243 of our Code of Civil Procedure.
See Fail-all’s Code of Civil Procedure, Annotated, California 1916, Code Commissioner’s Note, on p. 804.
Section 239 of our Code of Civil Procedure is of flight importance here, unless it is considered as supplementary to § 243 of the same Code. hat is why we hardly make any reference to it or to § 681 of the alifornia Code of Civil Procedure which is its equivalent.
See $ 336 of the California Code of Civil Procedure.
In Puerto Rico it has been likewise decided in cases where the recovery of money is not involved. See Banco Territorial y Agrícola v. Marcial, 44 P.R.R. 124; Echevarría et al. v. Alers et al., 23 P.R.R. 102.
Section 335 of the California Code of Civil Procedure provides that “The "periods prescribed for the commencement of actions other than for the recovery of real property, are as follows:
“Section 336. Within five years . . .:
“(1) An action upon a judgment or decree of any court of the United States or of any state within the United States.”
Regarding the rights of creditors who have attached property of debtor, see also § 1064 of the Civil Code (1930 ed.).
This is a case in which a new judgment can be rendered within, supplemental proceedings to the execution.
See note 10, supra.
See § 1871 of the Civil Code, 1930 ed.'
Case-law data current through December 31, 2025. Source: CourtListener bulk data.