Secretary of the Treasury v. Registrar of Property
Secretary of the Treasury v. Registrar of Property
Opinion of the Court
delivered the opinion of the Court.
On October 7, 1964 the respondent registrar refused to record a certificate of purchase of real estate presented by appellant, Secretary of the Treasury, by virtue of which two urban properties located in the municipality of Ponce were adjudicated to the Commonwealth of Puerto Rico, as belonging to Laura Gerardino Villanueva, after a distraint proceeding for the collection of income taxes. Said refusal was notified on March 23, 1965. This appeal was filed on April 12, 1965. In his note the registrar set forth two grounds for refusing to record, to wit: (1)'“the property does not appear attached for the collection of :the debt which gave rise to the proceeding in this case, and (2) that the property appears
Appellant adduces, in synthesis, that the registrar ignored and denies validity to the contents of the aforesaid certificate, and likewise ignores the entry in the registry, to the effect that an attachment was levied as authorized by law for the collection of the tax in question, and notice was served on Laura Gerardino, Laifra Corporation, and Alberto Gerar-dino, attorney at law, as interested parties, so that there was no question of third parties'concerning registration. He also states, as to the second ground of the registrar, that “pursuant to § 423 of the Income- Tax Act of 1954 (13 L.P.R.A. § 3423), the character of preferred lien which the State has over all the real property and rights of the taxpayer as of the date the (iñcome) tax receipts are in the hands of the collector,” authorizes the latter, in the distraint proceeding to subject the attached property of the taxpayer to the results of the steps taken for collection, despite the fact that a private individual, fully aware of the lien, may acquire said property.
According to the books of the registry, the collector’s certificate concerning the attachment of the property in question, within the distraint proceeding initiated by the collector for the payment of income taxes for the sum of $31,605.95 owed by Laura Gerardino, corresponding to the years 1941 ■to 1945, was presented on May 19, 1958, the order having been signed' the 20th of said month and- year. The petition for its cancellation was presented on May 21,196-2 and signed
It is true that § 423 (a) (1) of the Income Tax Act of 1954 (13 L.P.R.A. § 3423(a)(1)) provides that the amount of said taxes shall constitute a preferred lien in favor of the Commonwealth of Puerto Rico over all the real property and rights of the taxpayer as of the date on which the tax receipts are in the. hands of the collector. However, subdivision (a) (2) of the same section provides that said lien shall be invalid against a purchaser until the Secretary has recorded the attachment ref erred to in subdivision (b) of this section. In such case the lien.shall be valid and be preferred only from and after the date of such notation or inscription. Subdivision (b) of the section in question establishes that the aforesaid taxes shall be collected by the Secretary of the Treasury by means of the same proceeding of distraint established by law for the collection of property taxes; that as soon as such taxes have been assessed, the Secretary may order the corresponding collector to proceed with the attachment in accordance ivith the distraint proceeding of any real property of the taxpayer to insure or make'effective the collection'of such taxes. Section 388C of
It is true, as the respondent registrar points out, that when the edicts of the auction were published in this case on June 18, 20, and 22, 1962 in the newspaper El Mundo and on June 19, 21, and 23, 1962 in El Imparcial, and consequently, when the auction was carried out and appellant awarded the property to himself on June 26, 1962 (as it appears from the certificate which gives rise to this appeal), the attachment had already been canceled. However, the purchaser of the properties in question acquired them on June 27, 1961 and April 18, 1962, when it was still effective, and therefore, acquired them subject to that lien. It should be asked, therefore, what was the effect of such cancellation over the rights of the purchaser?
The registrar states that as it appears from the registry that the attachment was canceled by virtue of the provisions of § 388C of the Mortgage Law, and the attach
For the reasons stated, the' registrar’s note will he affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.