People of Puerto Rico v. Superior Court of Puerto Rico
People of Puerto Rico v. Superior Court of Puerto Rico
Opinion of the Court
delivered the opinion of the Court.
On June 27, 1958 two warrants of arrest were issued by judicial authority against Maria Figueroa for two violations of the Beverage Act (13 L.P.R.A. § § 1574 and 1754). These warrants were based on two affidavits subscribed by Leandro López Torres, Internal Revenue officer, in which he stated that on April 30 and May 16, 1958 he had bought cane rum from Maria Figueroa, without the containers having affixed thereon the internal revenue stamps, and that he had deposited the containers in the internal revenue office. On August 23, 1958 the district attorney accused Mrs. Figueroa of two violations of the Beverage Act. At the commencement of the trial on September 25,1958, the defendant moved for the dismissal of the case on the ground that according to §448 (1) of the Code of Criminal Procedure (34 L.P.R.A. § 1631) the information should have been filed within sixty
After a brief discussion in the court, the trial judge, immediately, and without requesting or receiving any written briefs, ordered the dismissal of the case in the following terms:
“The term of sixty days fixed by § 448 of the Code of Criminal Procedure cannot be extended and begins to run from the moment a person is subject to prosecution, that is, ‘held to answer’ as stated in the English version which is more accurate than the Spanish.
“The case of Carmen Céntrale makes a distinction between arrest and ‘held to answer’ because in that case Carmen Céntrale could not be physically arrested, in order fco establish a pattern for all similar situations.
“The Court understands that when an offense is committed in the presence of a peace officer and as such officer he seizes objects pertaining to the crime, as in this case, and this officer does not arrest the person then but makes the arrest subsequently and files the information, from the time in which he obtains the objects, from the very moment in which he witnesses the crime and has before him all the elements of the crime, from that instance that individual is subject to prosecution, he is ‘held to answer.’ It would be different in other offenses where the links of the evidence, the ingredients of the crime, are disseminated, and proof thereof must be searched aliunde and on different dates. Then the situation differs.
“The Court understands that in these cases the peace officer from the moment he witnesses the commission of the crime and seizes the objects may immediately arrest the citizen who is from that moment the person held to answer, and take him to the authorities to have him prosecuted for the offense, or else file*448 the information within sixty days after such person was held to answer, to render effective his or her right to a speedy trial.”
At the request of the Secretary of Justice we issued a writ of certiorari to review the above cited decision
We have no doubt whatsoever that the trial judge committed a serious error. His decision is contrary to the letter, history, and logic of the provision and to the unwavering opinion of this Court expressed in more than thirty judgments during more than half a century. His application of our decision in People v. Carmen Centrale, Inc., 46 P.R.R. 478 (1934) is equally incorrect.
Section 448 provides: “The court, unless good cause to the contrary is shown, shall order the prosecution to be dismissed in the following cases:
“1. Where a person has been held to answer for a public offense, if an information is not filed against him within sixty days thereafter;
“2. If a defendant, whose trial has not been postponed upon his application, is not brought to trial within one-hundred and twenty days after the filing of the information.”
This section finds its immediate precedent in § 1382 of the Penal Code of California, 50 West’s Annotated California Code 779; 4 Kerr’s Cyclopedic Codes of California 1273. Consequently, we turn, as we have done in the past, to the English version to obtain a clearer idea of the contents. The first paragraph pertinent to this case reads as follows: “Where a person has been held to answer for a public offense, if an information is not filed against him within sixty days thereafter.” The term, therefore, begins to run from the time the person is “held to answer for a public offense.”
The history of these provisions proves that the foregoing-analysis is correct. As we have already noted, our § 448'-was taken from § 1382 of the Penal Code of California, exactly as it existed at the beginning of the century. What-was the meaning of the phrase “held to answer” in that § 1382? The answer to this question requires us to make a survey, even if brief and referring only to essentials, of the criminal procedure of California.
When a person was arrested he was taken before a magistrate who had the obligation to inform him of the complaint filed against him and of his right to be assisted by
In that system the phrase “held to answer” of § 1382 had (and still has)
In 1902 we adopted the criminal procedure of California almost literally. There were, nevertheless, some omissions of importance, among which the elimination of the preliminary hearing before the magistrate is particularly noted. During this period two procedures were established: by means of the first (§ § 36-46 of the Code of Criminal Procedure, 34 L.P.R.A. § § 66-77) the arrested person is taken before a municipal judge or justice of the peace who “shall, upon an investigation as to whether the offense charged has been committed, and if the justice of the peace be satisfied that the offense has been committed and there exists probable cause that the defendant has committed the same, he shall remand the defendant to jail or admit him to bail, as the case may be, for his appearance before the district court to answer said charge. If there be no evidence that an offense has been committed or no probable cause showing the defendant’s connection therewith, he shall be discharged.” Section 45. In case no bail is admitted the judge must make out a commitment, signed by him specifying that “An order having been this day made by me that he be held to answer upon a charge of . . . you are commanded to receive him into your custody and detain him until he is legally discharged.” Section 38." The following section which authorizes the judge to require a written undertaking of the witnesses to the effect that they will appear and testify before
As may be noted, it could have been possible, irrespective •of the differences between an “inquiry” and a “preliminary hearing,” to assimilate this first procedure to that of California and to establish that the time limit of sixty days of ■our § 448 began to run from the moment the justice of the peace, after the “inquiry”, determined the existence of probable cause against a person.
How then could the first paragraph of § 448 be applied to a situation where different public officials, making use of different powers, could hold a person to answer for the commission of a public offense? Conceivably a great number of rules might have been established by courts by virtue of which the starting point in each case could have been made to depend on the kind and scope of the intervention of judges, prosecuting attorneys, and policemen. But that would have been a long and painful process full of administrative difficulties and of temptations to raise technicalities and commit irregularities. It was probably due to these reasons (although the reasons were never given explicitly) that ever .since the very first time that the problem came up fifty five years ago — People v. Quilichini, et al., 7 P.R.R. 126, 128-29 (1904) — this Court chose to establish a single rule which would govern the actions of all judicial and investigation •officials. In cases of felonies as well as misdemeanors, in the ■case of a complaint or an information, regardless of whether it was a justice of the peace, a prosecuting attorney, or a policeman who initiated the proceedings, the period began to run at the time of the arrest or detention of a person for the commission of a public offense.
With the sole exception of People v. Carmen Centrale, Inc., supra, in which a corporation and not a natural person
“Section 448 cited embraces two cases of dismissal. The first, when a person has been held to answer for a public offense, if an information is not filed against him within sixty days thereafter. The second, if a defendant is not brought to trial within one hundred and twenty days after the filing of the information.
“Under the first of these provisions the time is counted not from the date of the commission of the act charged, but from the date of the arrest of the defendant. At the expiration of the sixty days the person under arrest, who knows well the date of his arrest, may move for dismissal. This depends on*455 .him, but not on the date given in the complaint as that on which the acts were committed.”10
In People v. Carmen Centrale, Inc., supra, an information was filed against said corporation for a violation of the Weights and Measures Act. At the commencement of the hearing the defendant filed a motion to dismiss the case based on an alleged violation of the first paragraph of § 448. Sections 453-60 of the Code of Criminal Procedure
“The words ‘held to appear or answer’ have been construed in Mitchel v. Boxholm Co-operative Creamery, 128 Iowa 706, 105 N.W. 323, or rather the words are used by the legislature to require an appearance or an answer. The case shows that the words ‘held to answer’ do not necessarily mean an arrest. When a person, natural or artificial, is bound to answer a charge or be convicted, that person ‘is held to answer’.
“In other words, we conclude that the commencement of a prosecution against a corporation is holding it to answer. The total idea of section 448 is that when a person is held to answer the information must be filed within sixty days, and we are of the opinion that this time begins to run when the certificate of the municipal judge is returned in accordance with section 457, supra.” (46 P.R.R. 478, 482 (1934).)
In the case of Carmen Céntrale there is no indication that it is sufficient for a peace officer to witness the commission of crimes in order that the person committing the act be “held to answer” therefor. Even in the very special case of a corporation said decision holds that it is necessary to commence a prosecution and that the term begins to run “when the certificate of the municipal judge is returned in accord-
The intervener in this proceeding relies mainly on the phrase “propensa {sic) a ser convicta”
Irrefutable proof that the general rule applicable to natural persons was not modified in Carmen Céntrale can be found in at least the next ten opinions,
However, in 1952, an important change occurred in our criminal procedure. By virtue of the provisions of our constitution and statute, the prosecuting attorneys lost their power to issue warrants of arrest. (Const., art. II, § 10,. 34 L.P.R.A. § 175). They were assigned exclusively to the-judges to be used “only upon probable cause supported by oath or affirmation.” However, a preliminary hearing as a prerequisite was not established and, as a result, the defendant does not have the opportunity to confront the evidence against him and to convince the trial judge that no crime-has been committed, or that if it exists, he is not guilty thereof. In the majority of cases the defendant is not present when the judge determines that there is probable cause and then issues a warrant of arrest.
For this reason and also because the present formula is. simple and precise, because it has fulfilled its purpose for more than half a century and there have been no legislative, propositions for a change, we do not deem it advisable to make any alteration.
In the states of the Union it is absolutely required that the person be “held to answer” or committed by order of a magistrate so that the term fixed by law for filing the information be put into effect.
The foregoing proves that the letter and history of the precept, the unanimous and consistent view of this Court, and the uniform experience of the states of the Union are in open contradiction with the interpretation proposed by the •defendant. There are other cogent reasons which convince us that that interpretation must be overruled. It would tend, in situations similar to this one, to cause a regrettable ■confusion between the 60-day limitation period of § 448 and the statute of limitations for crimes established by other .sections of the Code. 33 L.P.R.A. § § 231-34, Taylor v. United States, supra at 262. Even worse, it would place the trial judges and ultimately this Court in the very difficult position of having to act constantly as monitors of every ■complaint and information. We would have to investigate all the surrounding circumstances in order to reach a proper determination in each case. When did the authorities acquire knowledge of the commission of the offense? Who obtained that knowledge? At what moment did the information contain all the elements of the offense and who should make this decision? What would constitute just cause to excuse
On the other hand it should be observed that the advantage of the citizen would be, with only one exception, remote- and speculative. The constitutional right to a speedy trial and the legislative concretions of it, like our afore-mentioned’ § 448, have three basic purposes: to avoid long imprisonment while the trial is pending; to eliminate personal anxiety, public suspicion and the economic and moral harm-produced by a criminal accusation kept unsettled for a long-period of time; to initiate the trial while the evidence is disposable, in other words, to avoid, due to the delay, the-loss of witnesses and the dulling of their memory. People v. Prosser, 130 N.E. 2d 891 (N.Y. 1955) ; Ex parte Trull, 298 Pac. 775, 777 (Kan. 1931) ; United States v. Henning, 15 F.2d 760 (9th Cir., 1926). It is obvious that the first two propositions have no bearing on the circumstances of this case nor do they support intervener’s motion. Nor-should we presume that the fact that a peace officer fails to-arrest a person while committing an offense in his presence-necessarily damages defendant’s defense.
It seems unnecessary to say that nothing in this opinion should be interpreted in the sense that we are trying to bar a judicial remedy for a really extraordinary situation in. which it is proved that deliberately and inexcusably or as
The order on review will be set aside and the case-remanded for further proceedings compatible with this opinion.
As it was to be expected, said decision had very widespread effects. So far we have issued 58 orders to review the same number of decisions rendered in the same Part of the Superior Court. Press reports reveal that there are hundreds of cases in the courts of first instance in which the defendants have presented identical grounds.
See specially ⅞ § 858-83 in Kerr’s, op. cit., p. 745-72 and 49 West’s,. op. cit., p. 154-200.
Even if this section has been modified in various ways — one of them being to reduce the time limit from thirty to fifteen days — the phrase “held to answer” maintains its original meaning. The history of this disposition is found in 50 West’s op. cit., p. 779. In 1931 a third paragraph was added to § 1382 requiring that in misdemeanor cases in an inferior court the trial should take place within thirty days after arrest. Herrick v. Municipal Court, 312 P.2d 264 (1957). In general see Fricke, California Criminal Procedure (1952) p. 65-82, 201-06.
In People v. Wallace, 29 Pac. 950 (1892) confirmed in People v. Thomas, 203 P.2d 567, 568 (1949), the Supreme Court of California decided that an order “holding a defendant to answer” must be in writing and it is perfected when entered upon the docket of the justice who signs it. The Penal Code of California requires of each justice to keep a docket in which all the actions and proceedings in which he takes part must be entered.
In the eases in which no bail was admitted, the prosecuting attorney had to file the information within a term of thirty days. Section 809. That term is now fifteen days. 49 West’s, op. cit., § 739.
If the sections above mentioned are compared with the corresponding sections of California, it will be observed that, except for the reference made to the preliminary hearing, they are practically identical.
Section 70 orders the prosecuting attorney to file the information •within twenty days after the commitment of the defendant by order of a judge. See Ex parte Colón, 11 P.R.R. 411, 414 (1906) concerning -.the relation between this section and section 448.
In relation to the application of the rule to cases of second information or second arrest for the same offense see People v. Barrios, 23 P.R.R. 772 (1916); People v. Diaz, 32 P.R.R. 816 (1924); People v. Dávila, 37 P.R.R. 825 (1928) ; People v. Soto, 40 P.R.R. 390 (1930) ; Ex parte Sánchez, 45 P.R.R. 38 (1933); People v. Mercado, 46 P.R.R. 797 (1934) ; People v. Echevarría, 60 P.R.R. 666 (1942) ; People v. Comas, 75 P.R.R. 388 (1953); People v. Maldonado, 77 P.R.R. 603 (1954).
People v. Quilichini et al., 7 P.R.R. 126, 128-29 (1904); People v. Quilichini, 7 P.R.R. 210, 213 (1904); Ex parte Lizardi, 7 P.R.R. 351, 353 (1904); People v. Salinas, 9 P.R.R. 335, 338 (1905); The People v. Noble, 9 P.R.R. 351, 353 (1905); Ex parte Leroy, 17 P.R.R. 1008, 1013 (1911); People v. Ayala, 19 P.R.R. 889, 891-92 (1013); People v. Alsina et al., 22 P.R.R. 432, 435 (1915) ; People v. Barrios, 23 P.R.R. 772, 775 (1916) ; People v. Fajardo, 23 P.R.R. 823, 836-37 (1916) ; People v. Carrasquilla, 24 P.R.R. 781, 783-84 (1917) ; People v. Bocanegra, 27 P.R.R. 810, 811 (1919) ; People v. Almodóvar, 32 P.R.R. 764, 765 (1924) ; People v. Díaz, 32 P.R.R. 816, 817 (1924); People v. Cruz, 34 P.R.R. 206, 207-08 (1925) ; Monserrate v. District Court, 35 P.R.R. 337, 338 (1926) ; People v. Petrovich, 36 P.R.R. 548, 549 (1927) ; People v. Dávila, 37 P.R.R. 825, 826 (1928) ; People v. Albino, 38 P.R.R. 193, 196 (1928) ; People v. Romero et al., 39 P.R.R. 504, 507 (1929) ; People v. De la Rosa, 40 P.R.R. 65, 66 (1929); People v. Soto, 40 P.R.R. 390, 392 (1930); People v. Ramos, 40 P.R.R. 771, 772 (1930) ; Ex parte Sánchez, 45 P.R.R. 38, 40 (1933) ; Corbet v. District Court, 46 P.R.R. 248, 250 (1934) ; People v. Mercado, 46 P.R.R. 797, 800 (1934); People v. Álvarez, 50 P.R.R. 100 (1936); People v. Álvarez, 57 P.R.R. 755, 756 (1940) ; Medina v. Rodríguez, 57, P.R.R. 960 (1940) ; People v. Ruiz, 58 P.R.R. 641, 643 (1941) ; People v. Echevarría, 60 P.R.R. 666, 667 (1942); Ferrer v. District Court, 60 P.R.R. 609, 610 (1942); Ex parte Mercado, 63 P.R.R. 877, 878-79 (1944); People v. Comas, 75 P.R.R. 388, 389 (1953) ; People v. Maldonado, 77 P.R.R. 603, 604-05 (1954).
In People v. Bocanegra, 27 P.R.R. 810, 811 (1919) we decided that ■the limitation period oí 120 days provided in the second paragraph of §448 does not begin to count from the date of the commission of the -crime.
Act No. 50 of May 7, 1937, (Sess. Laws, p. 165) repealed these sections. The procedure in force is contained in 34 L.P.R.A. § 1661.
In People v. Mayagüez Sugar Co., Inc., 37 P.R.R. 106, 107 (1927) it was decided that proof of the holding of a preliminary examination •was a condition precedent to successfully file an information against a
In the English opinion rendered by Mr. Justice Wolf, he said: ■“When a person, natural or artificial, is bound to answer a charge or be convicted, that person is held to answer.” 46 P.R.R. 482. The phrase ■“propensa a ser convicta” truly constitutes an error of translation. The Diccionario de la Lengua Española (1956) defines the word “propensa” as a “tendency to that which is natural to oneself” and “propender” means “to have a tendency towards something due to a particular affection, disposition or other motive.”
In footnote 9 see all the cases subsequent to Carmen Céntrale.
This is also the law in England. Orfield, Criminal Procedure from Arrest to Appeal (1947) p. 351-52.
In the afore-cited Annotation, Justice Overdue, Speedy Trial for the Potential Defendant, the following remedies are suggested: (1) the ■doctrine of laches already applied in England for these purposes; (2) the writ of mandamus; (3) the constitutional guarantee of due process of law. In addition, other statutory remedies are suggested to solve the problem. See also Fouts v. United States, 253 F.2d 215, 217 (6th Cir., 1958) ; State v. Milner, 149 N.E.2d 189 (Ohio 1958) ; Taylor v. United States, supra; Harris v. Municipal Court, 285 Pac. 699 (Cal. 1930) ; United States v. Chase, 135 F.Supp. 230 (N.D. Ill. 1955) ; Ex parte-State, 52 So.2d 158 (Ala. 1951) as examples of really extraordinary-situations in which it was sought to prosecute the defendants many years after the crime had been committed and the information filed against, them. It is to such extraordinary situations as those illustrated in these-cases to which we refer in the text.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.