Bonet Martínez v. Land Authority of Puerto Rico
Bonet Martínez v. Land Authority of Puerto Rico
Opinion of the Court
delivered the opinion of the Court.
As part of the land reform launched in 1941, aimed principally at eradicating the evils of absenteeism and lati-fundia and underlying the fundamental declaration that the land of Puerto Rico is to be considered as a “source of life, dignity and freedom for the men and women who till it,” the Legislative Assembly included in the Land Law, No. 26 of April 12,1941 (Sess. Laws, p. 388) /the novel proportional-profit farm program.
Title IV of the Land Law, which comprises §§ 64 to 73, 28 L.P.R.A. §§ 461-63 and 481-91, is devoted to the proportional-profit farms. It consists essentially of a program of utilization of farms in which what is divided is not the lands but the profits realized from their operation. In general terms, the Land Authority is authorized to lease parcels of 100 to 500 acres, and in the event a greater efficiency in the production so requires, parcels exceeding 500 acres, to farmers, agronomists and other persons with experience in agricultural management strictly selected on a merit basis.
It is therefore of cardinal importance to describe the manner in which the net income from the farm is computed. Section 70 of the Act, 28 L.P.R.A. § 485, and § 23 of the Regulations, 28 R.&R.P.R. § 461-23, provide to that effect that it shall be made by crops and that the following charges shall be deducted from the gross income of each crop: (1) lease rentals; (2) taxes; (3) the wages or salaries received by the workers by way of advances; (4) expenses for materials and operation; (5) depreciation of current improvements approved by the Authority; (6) interest on sharecropping debt; (7) workmen’s compensation quotas; (8) the percentage of the gross receipts determined by the Authority for supervision and auditing expenses and cooperative education (the Regulation provides 4 percent of the gross receipts for auditing expenses and cooperative education, but no mention is made of supervision expenses); (9) cost of the use of machinery, animals, agricultural implements and equipment; and lastly, (10) since the enactment of Act No. 3 of September 28, 1954 (Sp. Sess. Laws, p. 36), the premium determined by the Authority for crop-loan security to which reference is made in § 65(0, 28 L.P.R.A. (Supp. 1962) § 463(0.
There is no provision in the Act or in the Regulations indicative of the purposes for which said reserve was created. However, when this reserve system was substituted in 1954 by the payment of a premium denominated for “agricultural purposes,” the inference to be drawn is that the fundamental object of the reserve was to cover the losses which could be sustained in each proportional-profit farm. Up to that time the Authority absorbed the losses sustained in the operation of each farm, unless the farm had a sufficient amount credited to it as a reserve in prior years to cover such losses. It is well to clarify that this is a reserve in the auditing of each farm and not a reserve' of funds for all the farms.
“. . . Since .the Land Authority commenced its Pro.portional-Profit Farms program, the farms which have sustained losses have accumulated a deficit of $1,605,707. This deficit represents a loss to the Authority for .the reasons already mentioned. It is true that the farms which have been successful in their operations have accumulated a reserve in the sum of $1,768,261. However, it is also true that the existing provisions of the Land Law relative to the accumulation of a reserve fund do not authorize the use of these funds to absorb the losses of farms which have not accumulated any reserve. It is our opinion that the adoption of some measure which will guarantee that the Authority will not sustain losses as a result of having provided agricultural financing, or having secured the agricultural financing given to a proportional-profit farm which has not been successful in its agricultural operations, should not be put off any longer.”
The farm known as “Pajuil,” situated in the wards of Hato Arriba and Campo Alegre of Hatillo and Campo Alegre of Arecibo, was organized in 1944 as a proportional-profit farm for the cultivation of sugarcane and continued to operate as such until 1955, when the cultivation of sugarcane was discontinued and it was devoted to the pineapple program. According to information appearing from the answer to an interrogatory, the annual profits of that farm
$ 1,935.04 1944
1,584.31 1945
11,885.65 1946
1,646.64 1947
2,377.02 1948
10,543.04 1949
4,035.27 1950
2,856.54 1951
460.71 1952
2,036.55 1953
1,182.23 1954
On December 8, 1958, Alejandro Bonet, manager of Pajuil farm, 157 laborers and the beneficiaries of nine deceased workers
After delivering a well-reasoned opinion, the trial court rendered judgment ordering the Land Authority to liquidate, distribute and deliver to plaintiffs the share corresponding to them in the reserve fund of Pajuil farm pursuant to the Land Law. We agreed to review said judgment. Appellant assigns three errors: (1) that the judgment constitutes an undue interference with the judicial power, since it was not the legislative intention in enacting Act No. 3 supra of September 28, 1954 to distribute the reserve funds of the proportional-profit farms; (2) closely related with the previous error, that respondent court erred in interpreting the Act to the effect that it expressly authorized the distribution of the funds accumulated up to its enactment; and (3) that the determination that reserve funds are unnecessary is likewise erroneous. Because of their relation to each other, the errors must be discussed jointly.
It is no easy task to dispose of this matter since the theories of both parties are admissible within a strict hermeneutic process, depending on the rule of construction which may be definitively selected as the proper and applicable rule. Nor is the road any smoother when there is involved, on the one hand, an agency charged with the administration of a public policy aimed at accomplishing a greater social utility, and, on the other hand, a group of workers who claim part of the fruits realized as a result of the success of that land revendication program. However, in this equation there are two known factors of controlling importance: (1) the attribution of the fund to the laborers, and (2) the purpose underlying the creation of the reserve.
Nor is there the slightest doubt that the purpose of creating the reserve fund was to take care of the contingencies which could arise in the agricultural operation of the farms and, specifically, the losses in a particular crop. In this connection it must be recalled that § 73 of the Act, 28 L.P.R.A. § 491, instructs the Authority to make prevailing the purpose that the management of these farms be as
The Pajuil farm has been inactive in the proportional-profit farms program for nine years. At the termination of its sugar planting operations the reserve amounted to $40,543. It did not sustain losses during its operation, since, as it appears hereinabove, the reserve fund kept increasing from 1944 until 1954 by amounts which were deducted from the net profits realized and which ranged between $11,885.65 in the year in which the profits were greater and $460.71 in the year in which the yield was lower. It was not alleged that there existed any contingency pending determination. It is not likely that wage claims may be made at this time, in the absence of interruption of the prescriptive period, since the work ceased since 1955. At any rate, should there be some contingency to bar disposition of the fund, it
It is therefore crystal clear that according to the stipulation and the foregoing statements (a) the reserve fund of Pajuil farm belongs to the workers; (b) at present there are no claims against the fund; and (c) in the event the farm is reactivated within the proportional-profit farms program, the reserve would be unnecessary. This leads inevitably to the conclusion that the balance existing in that fund ought to be distributed among the workers.
The second aspect in this appeal concerns the term for returning to the beneficiaries their share in the reserve
Since the fund was created by express authorization of the Legislative Assembly, it is natural that the term for distribution thereof among the workers, as of the date the operation of the farm within the proportional-profit program is discontinued, should have been fixed by law. But apparently this problem was not foreseen in the course of the drafting, debate and approval of the measure which definitively had the effect of discontinuing the accumulation of the reserve. This does not mean that in the absence of legislative
The judgment rendered by the Superior Court, Arecibo Part, on April 28, 1961 will be set aside and the case remanded to the trial court for the holding of a new trial and the hearing of evidence on the reasonable period to be fixed for the purpose of refunding the reserve fund to plaintiffs-appellees.
The Chief Justice Mr. Negrón Fernández, although agreeing with the pronouncements of this opinion, dissents as to the disposal of the case because he believes that the judgment should be affirmed.
The importance of this program for the implementation of the legislative land policy is not in question. “It is no overstatement to say that the key to the land policies of the Legislature of Puerto Rico is the proportional-profit farms. Upon the success or failure of these units the whole land program pivots.” G. Concepción de Gracia, The Land Authority of Puerto Rico, 12 Geo. Wash. L. Rev. 302, 320-21 (1944).
According to information obtained from the brief for appellant, at present there are 63 proportional-profit farms with a total area of 28,989 cuerdas. Up to 1961 the sum of $7,292,417.98 had been distributed among the workers by way of profits and in addition to wages advanced in the sum of $97,416,978.13.
On the qualifications of the manager and selection system, see §§ 1 and 2 of the Regulations for Proportional-Profit Farms, approved by the Governor on November 15, 1944, as amended on December 3, 1948, 28 R.&R.P.R. §§ 461-1 and 461-2.
Section 65 (k), 28 L.P.R.A. § 463 (k), and § 4 of the Regulations, 28 R.&R.P.R. § 461-4.
Section 12 of the Regulations, 28 R.&R.P.R. § 461-12.
Cf. with the term “sponsorship” used to describe the proportion existing between cooperatives and their members, § 2(g) of Act No. 291 of April 9, 1946, as amended, 6 L.P.R.A. § 882(g).
“That the lessee shall pay to the Authority the premium that the Authority may determine to secure payment of any crop loan made to
V Journal of Proceedings 252 (1954).
Id. at 253 and 257.
Id. at 254.
In the management contract executed by the Authority and Manager Alejandro Bonet it was agreed that “The Farm shall set apart from the net income, as provided in the Thirty-seventh clause, the percentage which the Authority may deem prudent and reasonable to create the reserve for contingencies of the Farm. The Manager shall have no right in the reserve for contingencies thus created.”
Section 72-A, added by Act No. 108 of May 7, 1948 (Sess. Laws, p. 256), 28 L.P.R.A. § 488, provides for the designation of beneficiaries in the event of death or disability of the laborers-, in order that such beneficiaries may receive the amounts which may be owing to the laborer by reason of salaries or wages earned, by way of advances for his work, subsidies, undistributed profits, or payment of any differential.
In tlie course of the debate on H.B. 1260, Senator Dávila Diaz, Chairman of the Senate Committee on Agriculture, said in referring to the reserve funds: “Those reserve funds belong to the farm. Whenever they are going to be distributed, they must be distributed among those laborers because they belong to them.” V Journal of Proceedings 262 (1964).
According to -unofficial information obtained, the premium charged is .0262 percent on the monthly balance of each farm’s current account.
Nor was any defense raised invoking the provisions of § 72-C added to the Land Law by Act No. 120 of April 27, 1949, as amended by Act No. 131 of June 27, 1958, 28 L.P.R.A. (Supp. 1962) § 490, which provides that: “Any action against the Land Authority and/or its subsidiary corporations and/or a proportional-profit farm by workmen or laborers to recover proportional profits, shall prescribe after the lapse of three years. The time for the prescription of such actions shall be counted from the day said profits are declared by the Board and published in two newspapers of general circulation in Puerto Rico.”
Whether this provision is applicable to actions claiming profits deducted to be covered into a reserve fund, quaere.
V Journal of Proceedings 258 (1954).
Id. at 263.
Id. at 262.
The Authority has been wisely using the funds for the purpose of financing the same proportional-profit farms, thereby preventing in all likelihood greater charges of interest and the payment of a higher quota within the financing security program. (V Journal of Proceedings 262 (1954) and p. 17 of the brief for appellant.)
In appellant’s supplemental brief it is alleged that the reserve fund belongs to the Authority and not to the workers. We cannot agree with
Case-law data current through December 31, 2025. Source: CourtListener bulk data.