Irizarry Romero v. District Court of Puerto Rico
Irizarry Romero v. District Court of Puerto Rico
Opinion of the Court
delivered the opinion of the Court.
In May 1945 when thé petitioner Gilberto Irizarry Romero was brought before the Juvenile Court of the District of Arecibo he was slightly over 14 years old. He was born on January 28, 1930. He was then accused of forging the signature of Juan Collazo and of having disposed of $1.00 for his personal use which Rudesindo Aponte had given him to purchase a bag of charcoal. The cases were heard before said court which ordered, on June 8, 1945, in the case of forgery, that the minor be released on probation for a period of six months under the custody of his father Francisco Mercado Rivera, and on September 26 of the same year it decided in the embezzlement case that the minor be released on probation for the same period of time under the custody of his uncles Juan Romero and Monserrate Romero, in both cases under the supervision of the District Attorney of the District Court of Arecibo.
On August 14, 1950 the petitioner was accused of four offenses of burglary in the first degree before the District Court of Puerto Rico, Arecibo Section. After pleading not guilty and requesting a trial by jury, petitioner filed a mo
In denying the motion for reconsideration filed by the petitioner, the respondent court expressed itself in part as follows:
“It appears from the order of the Juvenile Court that this defendant was put under a 6-month probation period but the court never entered a decision declaring the defendant a delinquent child under any of the classifications enumerated in § 8 of the Act creating the juvenile courts. The court understands that since there is no order of the court as to whether the defendant was a delinquent or an incorrigible child at the time of the hearing or as to any other classification mentioned in § 8 of the Act, the Juvenile Court has no jurisdiction over said minor. The presumption of innocence attaches also to children prosecuted for juvenile delinquency. What the District Court did, acting as a Juvenile Court, it could equally do in the exercise of parens patriae. The fact alone that a child has been accused of a public offense does not make him a delinquent child. It is necessary for the court to declare him so after taking the legal steps pursuant to the evidence introduced. In the case at bar the court did not declare the defendant a delinquent child notwithstanding the fact that there was an information and a hearing was held and the court issued an order. For the aforesaid reasons the court overrules defendant’s motion to the effect that the court has no jurisdiction and likewise it denies the motion for reconsideration.”
■ The petitioner discusses the two assignments together and points out that although it is true that pursuant to the
Now, the Fiscal of this Court raises in his brief a question which although not argued by the petitioner we believe should be decided. The Fiscal calls our attention to the fact that the petitioner would be 21 years old on January 28, 1951, that after said date the Juvenile Court shall no longer have jurisdiction over the petitioner and that if the order of the respondent court were reversed, the Juvenile Court could not assume jurisdiction over the case. The question thus raised has been amply discussed by the American courts, some deciding that the date which should prevail is that on which the minor committed the offense, others that it should be the date of the commencement of proceedings against him and others that the date of trial should prevail to decide whether the court has jurisdiction over the case. See 123 A.L.R. 446 and 31 Am. Jur. 792, 618, as well as State v. Walker, 34 S. W. 2d 124; State v. Rutledge, 13 S. W. 2d 1061; Ex parte Williams, 177 Atl. 85; State v. Moloney, 186 N. E. 362. In this jurisdiction we have not precedents oh this question. We shall therefore turn to the statute governing the matter. It is Act No. 37 of March 11, 1915 (p. 71), as amended by Act No. 10 of April 6, 1916 (p. 43) and by Act No. 62 of July 18, 1925, p. 335. Said Act provides in its § 8 that “the word ‘child’ or ‘children’ shall . . . unless specifically stated otherwise, include any child within Porto Rico who is under sixteen years of age, or having once come within the jurisdiction of the juvenile court by the provisions of this Act
The orders issued by the respondent court will be set aside and the causes remanded for further proceedings consistent with this opinion.
The petitioner is giving this case a scope it does not have. In the same Rivera was tried for petit larceny before he was 16 years old and for that reason his case was dismissed. Afterwards and when he was yet a minor, Rivera was accused of burglary in the first degree. He alleged the lower court lacked jurisdiction to try him. We decided that as the Juvenile Court had never had jurisdiction over the minor, the exclusive jurisdiction of the Juvenile Court could not be invoked.
According to § 24 of Act No. 432 of May 15, 1950, pp. 1126, 1134, a Minors’ Guardianship Court is created in each of the Sections of the District Court of Puerto Rico.
According to § 16 of said Act if a child is charged with the commission of a felony, then the accused shall have the right to demand a trial by jury or before the judge, as he may choose.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.