Colón López v. Insular Police Commission
Colón López v. Insular Police Commission
Opinion of the Court
delivered the opinion of the Court.
In a petition for mandamus filed by Ernesto Colón López on January 24, 1950, against the Insular Police Commission, .it is substantially alleged that the petitioner worked for the .Insular Police of Puerto Rico for eight years, the last two ;as a Fingerprint Expert; that on June 22, Í949, he received :an official communication signed by the Assistant Chief and Aide of the Insular Police informing him that the Commission had decided to remove him from his position without being entitled to a pension “since your present illness was not contracted while in the discharge of your official duties
The respondent moved for the dismissal of the petition for insufficiency and for lack of jurisdiction. The lower court concluded that “since there exists a special writ of
Act No. 122 of May 15,1936 (Sess. Laws, p. 952), created a Criminal Identification and Investigation Bureau under the authority of the Insular Police Commission and the supervision of the Chief of the Insular Police of Puerto Rico. Section 2 of Act No. 118 of May 1,1940 (Sess. Laws, p. 722), amending said Act No. 122, recites that: “The personnel of said bureau shall comply with all the provisions of the Insular Police regulations and shall have the same duties, rights and prerogatives, and shall be entitled to the same consideration, as the members of the Insular Police Force of Puerto Rico, . . .” as well as that the personnel of said Bureau shall be composed, in all, of nine Fingerprint Experts, among others.
Since pursuant ta the cited Section the personnel of the Criminal Identification and Investigation Bureau, to which the petitioner belonged, shall have the same duties, rights, prerogatives and consideration as the members of the Insular Police Force, every provision of the Act we mention in the following paragraph in regard to the latter, is applicable to the former. Let us, therefore, examine now which are petitioner’s rights, etc., insofar as the instant case is concerned.
Section 1 of Act No. 150 of May 9, 1938 (Sess. Laws, p. 329), amended § 9 of “An Act to provide for the organization, regulation and government of the Insular Police of Porto Rico”, approved March 12, 1908, insofar as pertinent here, to read as follows: “All discharges, removals, and demotions of sergeants, corporals, and guardsmen shall be made by the Insular Police Commission when, in its opinion, circumstances so justify, but the aggrieved persons may
Said Section does not provide the term within which an aggrieved party may appeal to the Governor of Puerto Rico from the decision rendered by the Insular Police Commission. However, it does provide in a clear and definite way that in cases of this nature where a decision of the Police Commission is affirmed by the Governor of Puerto Rico the aggrieved party may institute “certiorari proceedings in the district court for the judicial district in which the events on which the charges were based occurred,” and that “The term for the review of the decision is fixed at thirty days after the date on which the interested person is notified of the confirmation by the Governor of Puerto Rico.”
The petitioner did not bring the said certiorari proceeding in the District Court of Puerto Rico within the term fixed by law. Far from doing so he let the aforesaid thirty-day period elapse — thereby apparently agreeing with the Governor’s action — and it was after the expiration of said term that he resorted to the lower court with the writ of mandamus now under our consideration. That could not be done. The special Act dealing with this subject gave the petitioner a clear remedy, and he did not avail himself thereof. Mandamus is a highly privileged remedy
The judgment appealed from will be affirmed.
See subdivisions (d), (e), (/), (g), and (h) of § 2 of Act No. 118, supra.
See the Act to establish the writ of mandamus. Sections 649 et seq. of the Code of Civil Procedure of Puerto Rico, 1933 ed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.