People v. Superior Court of Puerto Rico
People v. Superior Court of Puerto Rico
Opinion of the Court
delivered de opinion of the Court.
A warrant of arrest was issued on October 23, 1958, against Vicente Santiago “to answer for the charge that on October 30, 1957 he sold bolipul material to agent Luis Méndez Romero . . .” That warrant was served three days later. On October 28 he posted bail in the sum of $1,000 required for his discharge.
On the following December 15 the district attorney of Bayamón filed the corresponding information charging the said Vicente Santiago with a violation of § 4 of Act No. 220 of May 15, 1948 (Sess. Laws, p. 738, 33 L.P.R.A. § 1250), The defendant moved for the dismissal of the cause on the ground that more than one year had elapsed between the date of the commission of the wrongful acts and the filing of the information. At the Solicitor General’s request, we issued a writ of certiorari to review the order of the Superior Court, Bayamón Part, granting this motion.
Section 79 of the Penal Code, 1937 ed., 33 L.P.R.A. § 233, provides that the prosecution for any misdemeanor must be commenced within one year after its commission.
We have re-examined the question involved in this case and see no reason for disturbing the criterion announced more than half a century ago. The fundamental purpose of the provision fixing a prescriptive period is to inform
The prevailing local rule has been sanctioned by the American Law Institute in its draft of the Model Penal Code. See § § 1.07(5) and (6). An interpretation identical with ours has been adopted in those jurisdictions where a term for computing the commencement of the criminal prosecution is provided. Thacker v. Marshall, 331 P.2d 488 (Okla. 1958); State v. Cashman, 255 P.2d 660 (Kan. 1953); State v. Schonenberger, 250 P.2d 777 (Kan. 1952); Ex parte Washington, 223 P.2d 552 (Okla. 1950); Commonwealth v. Teeter, 60 A.2d 416 (Pa. 1948); City of Cleveland v. Strom, 67 N.E.2d 353 (Ohio 1946); McGuire v. State, 292 S.W.2d 190 (Tenn. 1956); Barrera v. State, 289 S.W.2d 285 (Texas 1956); People v. Still, 169 N.Y.S.2d 967 (1958). See, also, the cases cited in the annotation in 90 A.L.R. 452 (1934).
It is well to add that this appeal does not raise any question on the defendant’s right to a speedy trial and to the 60 and 120-day periods for the filing of the information and the holding of the trial provided by § 448 of the Code of Criminal Procedure, 1935 ed., 34 L.P.R.A. § 1631. See People v. Super. Ct.; Figueroa, Int., 81 P.R.R. 445 (1959); Martínez v. Superior Court, 81 P.R.R. 913 (1960); and,
It appearing that on the date the warrant of arrest was issued by the superior judge against the defendant there had not elapsed one year counted from the date of the commission of the offense, the trial court erred in ordering the dismissal of the action on the ground of prescription. The order entered by the Superior Court, Bayamón Part, on March 9, 1959, will be reversed and the record remanded for further proceedings.
The headnotes in the Capestany case do not express adequately the criterion announced in the opinion, inasmuch as it reads that the time for the prescription “begins to run from the date of the warrant.” That period begins to run from the commission of the offense, and in the ease of offenses of a continuous nature, from the time the commission thereof is at an end. People v. Rodríguez, 59 P.R.R. 601 (1941).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.