Commonwealth ex rel. Lektrich v. Ydrach
Commonwealth ex rel. Lektrich v. Ydrach
Opinion of the Court
delivered the opinion of the Court.
The Commonwealth of Puerto Rico, on the relation of Peter Lektrich, filed a quo warranto proceeding in the
Before the enactment of Act No. 47, approved August 7, 1935 (Spec. Sess. Laws, p. 530) the respondent in a quo warranto proceeding had the right to the transfer of the case to the court (then district court) of the place of his residence (Toro v. District Court of San Juan, 30 P.R.R. 501; Wilson v. District Court of San Juan, 30 P.R.R. 516). Before the Act was passed, § 2 of the Act establishing quo warranto proceedings (Act of March 1, 1902, § 2, which is equivalent to § 641 of the Code of Civil Procedure), provided that, in cases such as the one at bar, “the Attorney General or any fiscal of the respective district courts, either of his own accord or at the instance of any individual relator, may present a petition to the district court of competent jurisdiction for leave to file an information in the nature of quo warranto.” The meaning of the term “court of competent jurisdiction” might lend itself to doubt (8 Words and Phrases, Permanent Edition, p. 356; 3A Words and Phrases 106, 107; 10 Words and Phrases 259), the tendency being to identify that term as signifying a court of general jurisdiction, with authority conferred upon it by law to act in the particular matter, and that such term does not include or exclude any court but leaves to determination elsewhere the question of competent jurisdiction. (Mizrahi v. Pandora Frocks, 86 F. Supp. 958; Ex parte Justus, 104 Pac. 933; Ex parte Plaistridge, 173 Pac. 646; Am. Distilling Co. v. Brown, 64 N. E.
Act No. 47 of August 7, 1935, which governs the case at bar, amended § 2 of an Act establishing quo warranto proceedings, one of the amendments consisting of the provision that “the Attorney General or any prosecuting attorney of the respective district court, either on his own initiative or at the instance of another person, may file before any district court of Puerto Rico a petition for an information in the nature of Quo Warranto in the name of The People of Puerto Rico.” (Italics ours.) Let us compare it again with the former £>rovision: “may present a petition to the district court of competent jurisdiction.”
We have been unable to find any data in the legislative history of Act No. 47 to guide us in ascertaining the particular purpose which the legislature had in mind in amending § 2 of the Quo Warranto Act in the manner aforesaid. The scope of that amendment must be inferred from the very terms of Act No. 47. It is to be noted, in the first place, that the former provision referred to the district court of competent jurisdiction, while the amendment refers to any district court which the Attorney General or prosecuting attorney may select, thereby eliminating the concept of the court of competent jurisdiction. Heretofore the proceeding was filed in a particular court having competent jurisdiction. Under Act No. 47, the proceeding may be filed in any district court which petitioner may select. Therefore, the venue must be the place chosen by the Attorney General or the corresponding prosecuting attorney, in the instant case the Mayagfiez Part of the Superior Court, without
There is a further consideration which strengthens the interpretation which we have adopted. The main purpose of Act No. 47 of August 7, 1935 was to vest the Supreme Court with original jurisdiction in cases involving corporations which violate the provisions of our former Organic Act. However, both under the old § 2 of the Quo Warranto Act and Act No. 47, the former district courts had jurisdiction to take cognizance of quo warranto proceedings against a corporation which “does or omits any act which amounts to a surrender or forfeiture of its rights and privileges as a corporation, or exercises rights not conferred by law.” Congruous’ to the essential purpose of rendering more effective the governmental action with respect to such corporations, the legislator might have intended to designate as the place of trial the district court chosen formerly by the Attorney General, and that the corporation should have no right ta
It is true that the right of a defendant to have his case heard in the place of his residence is a valuable right of which the defendant can not be deprived unless the legislator so provides, (Usera v. Luce & Co., 58 P.R.R. 291). However, in the instant case Act No. 47 expressly establishes’ an exception to that general rule.
Incidentally, the Judiciary Act (Act No. 11 of July 24, 1952, Spec. Sess. Laws, p. 30), does not alter the situation in the instant case, since under § 10 actions shall be filed in the part of the court held at the place where they should have been filed under the legislation heretofore in force, except by agreement of the parties and consent of the judge.
The order appealed from will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.