Santiago v. People
Santiago v. People
Opinion of the Court
delivered the opinion of the Court.
On January 4, 1950 Isabel Santiago widow of Vázquez, per se and in representation of her minor son Luis Antonio Vázquez Santiago, brought an action for damages against the People of Puerto Rico. In an amended complaint filed ■on April of that same year, she alleged, insofar as pertinent herein, that on January 2, 1949 Andrés Vázquez Méndez— husband and father, respectively, of plaintiffs — was driving vehicle P-24001 owned by the Arrow Taxicabs, of San Juan, as the latter’s employee, on the road which leads from Rio Piedras to Cupey Alto ward of said jurisdiction; that upon arriving at hectometer 6 of said road, where there is a curve and a narrow bridge without any railing or protection whatsoever, the vehicle, which was going slowly, fell' over the "bridge into the river, where the driver drowned; that the proximate cause of the accident was the negligence of the People of Puerto Rico in keeping said bridge long before January 2, 1949, in want of repair and in complete abandonment and carelessness, without railings nor protection for the vehicles travelling thereon, in spite of the fact that the Bureau of Public Works and the' Department of the Interior of Puerto Rico, which at the aforesaid date were in charge of the supervision of the insular highways, were
The lower court dismissed the amended complaint, on motion of the People of Puerto Rico, on the ground that the action was barred. Not being susceptible to amendment, it rendered judgment dismissing the complaint, with costs on plaintiffs. On appeal, the latter maintain that the lower court committed error in holding that the action was barred on the ground that the provisions of § 31 of Act No. 45 of 1935 (Sess. Laws, p. 250) were inapposite — Workmen’s Accident Compensation Act — as amended by Act No. 16 of April 12, 1948 (Sess. Laws, p. 28).
Plaintiffs’ cause of action arose on January 2, 1949.
If the third person responsible for the accident in this case were not the People of Puerto Rico, it is obvious that the action would not be barred as to the minor plaintiff— who was the only person declared beneficiary by the Manager in his final decision —
A careful scrutiny of the authorities cited in the dissenting opinion to support that in the instant case “the stay or delay should not be and is not an integral part of the period fixed by the sovereign itself for instituting actions against it,” because the right to commence a suit has been stayed or delayed by express provision of the statute — § 31 of Act 45 — will show that they are totally inapposite to the case at bar. Let us see: (1) In several of the-cases cited the suits are among private citizens, not being concerned with
On the other hand, the purpose of the Legislature in extending the term to sue third persons responsible for labor accidents, was, undoubtedly, that the compensability of the accident be previously determined by the Manager — for which it was necessary to wait until he entered his final decision — and to give the latter an opportunity so that, sub-rogating himself in the rights of the workman or his beneficiaries he would institute a suit within the 90 days following his decision against the third person responsible for the accident in order to obtain compensation for the expenses arising therefrom. However, in default of an express authorization in § 31 of Act No. 45, the Manager is barred from subrogating himself in the rights of the workman or his beneficiaries when the People of Puerto Rico is the third person responsible, inasmuch as pursuant to § 12 of Act No. 76, the claims against the latter are in nowise assignable. P. R. Am. & Ins. Co. v. People, 68 P.R.R. 629. In such cases, the workman or his beneficiaries are not bound to wait for the decision of the Manager of the State Fund, nor, of course, for the 90 days following said decision, in order to institute a suit against the People of Puerto Rico.
We must reach the conclusion therefore that § 31 of Act No. 45, as amended by Act No. 16 of April 12, 1948 does not apply when the third party responsible for the accident is the People of Puerto Rico, and that the lower court com
The judgment will be affirmed.
Said Section insofar as pertinent provides:
“In cases where the injury, the occupational disease, or the death entitling the workman or employee or their beneficiaries to compensation in accordance with this Act has been caused under circumstances making-third persons responsible for such injury, disease, or death, the injured workman or employee or his beneficiaries may claim and recover damages from the third person responsible for said injury, disease, or death, within one year following the date of the final decision of the case by the Manager of the State Insurance Fund, who may subrogate himself in the rights of the workman or employee or his beneficiaries to institute the same action in the manner following:
“When an injured workman or employee, or his beneficiaries in case of death, may be entitled to institute an action for damages against a third person in cases where the State Insurance Fund, in accordance with the terms of this Act, is obliged to compensate in any manner or to furnish treatment, the Manager of the State Insurance Fund shall subrogate himself in the rights of the workman or employee or his beneficiaries, and may institute proceedings against such third person in the name of the injured workman or employee or of his beneficiaries, within the ninety days, following the date of the final decision of the case, and any sum which as a result of the action, or by virtue of a judicial compromise, may be obtained in excess of the expenses incurred in the case shall be delivered to the injured workman or employee or to his beneficiaries entitled thereto. The workman or employee or his beneficiaries shall be parties in every proceeding instituted by the Manager under the provisions of this section, and-*199 it shall be the duty of the Manager to serve written notice on them of such proceedings within five days after the action is instituted.
“If the Manager should fail to institute action against the third person-responsible within the term of ninety days from the date of the final decision of the case, the workman or employee or his beneficiaries shall be-fully at liberty to institute such action in their behalf, without being obliged to reimburse the State Insurance Fund for the expenses incurred-in the case.
“The injured workman or employee or his beneficiaries may not institute any action, nor may compromise any right of action they may have-against the third person responsible for the damages, until after the expiration of ninety days from the decision of the case by the Manager of the State Insurance Fund. . .
Said Section provided as follows, prior to its amendment by Act No. 273 of May 10, 1950 (Sess. Laws, p. 708) :
“Civil Responsibility. That The People of Porto Rico shall be liable for injuries to persons or property occurring through a defect, or want of repair, or of sufficient protection, in or upon an Insular highway in charge-of the bureau of public works, except where it shall he proved that such, defects were caused by violence of the elements and that there had not been ample time in which to remedy them.”
We have as ground that Act 76 of April 13, 1916 as amended by Act No. 11 of April 18, 1928, since it was a statute of consent, did not repeal —contrary to the holding of the People — the responsibility which it accepted pursuant to § 4o4 of the Political Code.
It would always be barred as to the other plaintiff, the workman’s widow, fact which appellants admit.
Said 'Sections provide:
“Section 40. — If a person entitled to bring an action, other than for the recovery of real property, be at the time the cause of action accrued, either:
“1. Within the age of majority;
' “2. ........
“3. ........
“4. .........
“The time of such disability is not a part of the time limited for the commencement of the action.”
“Section 44. — When the commencement of an action is stayed by injunction or statutory prohibition, the time of the continuance of the injunction or prohibition is not part of the time limited for the commencement of the action.”
“Section 46. — When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until they are removed.”
It is obvious that if the theory set forth in the dissenting opinion were the law, in the case at bar, inasmuch as plaintiff is a minor of tender age, the term to institute his cause of action would not start to count until after he reaches his majority. Is that the strict construction which we are bound to give to the condition provided by Act 76 of instituting a suit within a. year after the cause of action arises?
Dissenting Opinion
dissenting.
I believe that the majority opinion is based on two conclusions which are evidently erroneous. The first one is that § 31 of Act No. 45 of 1935, as amended by Act No. 16 of April 12, 1948 (Sess. Laws, p. 28) is not applicable when the third person responsible for the
There is nothing in § 31, as amended, to warrant- the conclusion that it does not apply when the third person responsible for the accident is the People of Puerto Rico. The fact that the claims against the latter may not be transferred in any manner whatsoever and that the Manager of the State Fund may not, hence, subrogate himself in the rights of the workman of his beneficiaries should not preclude an action for damages against the People in those cases where the accident is due to its own fault or negligence.
I agree of course with the principle that the statutes under which the sovereign gives its consent to be sued should be strictly construed. Such rule is not novel in our jurisdiction. Campis v. People, 67 P.R.R. 366, 370. However, this does not mean that § 9 of Act No. 76 of 1916 (Sess. Laws, p. 151), providing that “All actions against The Peo-
Workmen’s compensation laws should be construed liberally in favor of the workman in carrying out the purpose for its creation. Correa v. Industrial Commission, 56 P.R.R. 784, 786; Montaner v. Industrial Commission, 54 P.R.R. 686, 701. If by express statutory provision in cases of this kind the workman or his beneficiaries must comply with the requirements mentioned and the time taken for said compliance is not deducted from the period allowed by the Act for instituting the suit against the People of Puerto Rico, the right provided by § 31, supra, would often be illusory. Furthermore, in many cases it would be a mockery to the workman or to those who during his lifetime depended on him, if the Manager, for reasons which may be unaccountable or beyond his control, should delay his final decision over one year counted from the date of the accident. Indeed that was not the intention of the Legislature in enacting the statute in question.
In my opinion when the right to commence a suit against the State is suspended or delayed by express provision of a statute enacted by the latter — as is the case herein — the stay or delay should not be and is not an integral part of the period fixed by the sovereign itself for instituting actions against it. This has been specifically decided by the United States Supreme Court as well as by other courts. See United States v. Wiley, 11 Wall. 508, 20 L. ed. 211, 213; Amy v. Watertown, No. 2, 130 U. S. 320, 323, 32 L. ed. 946; Elliott
On the other hand, the provisions of §§ 40 and 44’ of the Code of Civil Procedure should have been taken into account. Section 40 insofar as pertinent provides: “If a person entitled to bring an action, other than for the recovery of real property, be at the time the cause of action accrued, either: 1. Within the age of majority; ... the time of such disability is not a part of the time limited for the commencement of the action.” And § 44 prescribes that: “When the commencement of an action is stayed by . . . statutory prohibition, the time of the continuance of the . . . prohibition is not part of the time limited for the commencement of the action.” In view of these provisions the time before the minor attained majority of age should not have been counted and the period for filing his suit against the People of Puerto Rico should have started to run from the instance that he attained his majority of 21 years of age. Hennessy v. San Bernar-
In McMahon v. United States, 342 U. S. 25, 96 L. ed 1, which seems to be the underlying case on which the majority based its opinion is entirely distinguishable from the case at bar. There, a seaman brought suit against the United States of America based on a certain Act which gives seamen employed by the United States on government-owned vessels the same rights as those employed on privately owned and operated American vessels. According to this Act if the seaman’s claim were administratively disallowed in whole or in part, it could be enforced pursuant to the provisions of the suits in Admiralty Act. This Act in turn provides that any suit thereunder “shall be brought within two years after the cause of action arises.” A federal district court dismissed his complaint on the ground that it was not filed within two years from the date of plaintiff’s injuries. The Court of Appeals for the Third Circuit affirmed on the same ground. Based on the opinion rendered by the Court of Appeals for the Ninth Circuit in Thurston v. United States, 179 F. 2d 514, plaintiff maintained that the period of limitation did not start to run until his claim had been administratively disallowed. The United States Supreme Court stated that it was unable to agree with petitioner and the Court for the Ninth Circuit, for it believed that the proper construction of the language used in the suits in Admiralty Act was that the period of limitation should be computed from the date of, the injury. It stated that “It was enacted several years before suits such as the present, on disallowed claims, were authorized. Certainly during those years the limitation depended upon the event giving rise to the claims, not upon the rejection. When later the right to sue was broadened to include such claims as this, there was no indication of any change in the limitation contained in the older Act. ... Since no time is fixed within which the seaman is obliged to-
In the present case however, by express provision of the Act approved by the sovereign itself, the workman and his beneficiaries had their hands completely tied and could not bring their action against the People until it complied strictly with said Act and until the limitation period fixed therein had run.
In view of the foregoing my personal view is that the judgment of the lower court should have been reversed.
I believe that if the statement contained in the majority opinion in the sense that § 31 supra, does not apply when the third person responsible for the injury is the People of Puerto Rico, were correct, the argument on the prescription question is entirely surplusage.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.