EXHIBIT 61

Case:17-03283-LTS Doc#:23987-61 Filed:04/11/23 Entered:04/11/23 21:08:29 Desc:

Exhibit 61 Page 1 of 9
Certified to be a correct and true translation from the source text in Spanish to the target language English.

6/DECEMBER/2022 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO 

In the matter of:

FINANCIAL MANAGEMENT AND 

OVERSIGHT BOARD FOR PUERTO 

RICO

as representative of:

COMMONWEALTH OF PUERTO RICO 

ET AL.

Debtors

PROMESA

TITLE III

No. 17BK3283-LTS

Claim Number: 16333

MOTION TO THE FIVE HUNDRED AND THIRTY-EIGHTH OMNIBUS

(NON-SUBSTANTIVE) OBJECTION OF THE COMMONWEALTH 

OF PUERTO RICO TO IMPROPER DEBTOR CLAIMS.

TO THE HONORABLE DISTRICT COURT:

Appearing before this Honorable Court, presided over by Judge Laura Taylor 

Swain, United States District Court Judge, Maria V. Perez Rodriguez (Respondent), 

in her own right, does hereby respectfully ALLEGE, STATE and REQUEST:

1. On October 31, 2022, we received the Commonwealth of Puerto Rico's 

(Commonwealth) Five Hundred and Thirty-Eighth Omnibus (Non-Substantive) 

Objection to Wrongful Debtor Claim.

2. Claim Number 16333 is described in the document as an unnecessary claim.

[stamp:]2022 NOV 10 [RECEIVED

illegible]

SAN JUANU.S. DISTRICT COURTCLERK’S OFFICE

Case:17-03283-LTS Doc#:23987-61 Filed:04/11/23 Entered:04/11/23 21:08:29 Desc:

Exhibit 61 Page 2 of 9
Certified to be a correct and true translation from the source text in Spanish to the target language English.

6/DECEMBER/2022 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

3. The Commonwealth requests that the claim be reclassified for incorporation into 

the Electric Power Authority's (PREPA) Title III Case.

Grounds for Opposing the Omnibus Objection

1. Mr. Jay Herriman alleges "case: 17-03283-LTS Doc# 22741-3 Filed: 10/28/22 

Entered: 10/28/22 17:34:14 Desc: Exhibit B Page 8 of 8, Items."

5. "To the best of my knowledge and belief, the Claims to be 

reclassified identify the Commonwealth as a debtor, when the proof of 

claim and/or supporting documentation shows that it would be proper 

in any event for such claims to be asserted against the Puerto Rico 

Electric Power Authority. Accordingly, each of the Claims to be 

reclassified should be reclassified to be asserted against the Puerto 

Rico Electric Power Authority.

2. The Commonwealth establishes that the PREPA is a separate and legally 

independent entity with the capacity to sue and be sued autonomously, 22 

L.P.R.A. & 196(e).

3. Section 4 – Governing Board (22 L.P.R.A.) & 194 of the same Act states, 

"The powers of the Authority shall be exercised and its general policy and 

strategic direction shall be determined by a Governing Board, which shall be 

its governing body... ."

Case:17-03283-LTS Doc#:23987-61 Filed:04/11/23 Entered:04/11/23 21:08:29 Desc:

Exhibit 61 Page 3 of 9
Certified to be a correct and true translation from the source text in Spanish to the target language English.

6/DECEMBER/2022 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

4. Pursuant to Section 3 – Creation and Formation of the Authority (22 L.P.R.A. 

& 193) the Authority is a governmental instrumentality, subject to the control 

of its Governing Board. In Section 4 – The Governing Board (22 L.P.R.A. & 

194) paragraph (a) states "... The Governing Board shall be composed of 

seven (7) members. The Governor of Puerto Rico shall appoint, with the 

advice and consent of the Senate, three (3) of the seven (7) members who 

shall make up the Board..." "The Governor shall evaluate the list of 

recommended candidates and shall select three (3) persons from the list." 

These members are selected at the sole discretion of the Governor. The 

Board's compliance is forwarded to the Governor through a report with 

findings and recommendations. The main function of the Governing Board is 

to give strategic direction to the Authority Paragraph (D), line 1 Section 4 –

Governing Board (22 L.P.R.A. & 194). Forty-five percent (45%) of the 

members of this Board are selected and appointed by the Governor, with the 

advice and consent of the Senate.

From Paragraph (f) Performance and Conduct, line (v) Section 4 – Governing 

Board (22 L.P.R.A. & 194) it follows that "Without being construed as a 

limitation on the powers conferred to the Governor of Puerto Rico under Act 

No. 3-2017, the Governor may remove any member of the Board for the 

following causes:

(ii) Incompetence, manifest professional inability or negligence in the 

performance of their functions and duties... ."

Case:17-03283-LTS Doc#:23987-61 Filed:04/11/23 Entered:04/11/23 21:08:29 Desc:

Exhibit 61 Page 4 of 9
Certified to be a correct and true translation from the source text in Spanish to the target language English.

6/DECEMBER/2022 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

The fiduciary duties of the members of the Governing Board are framed 

within the interest of the Authority and the public interest of providing a

quality essential service to the public or customers.

The fact that Act 22 L.P.R.A. grants the PREPA the power to sue and be 

sued does not give the State immunity from being liable for its actions or 

omissions. Even more so when the State itself, by law, authorized suing it in 

the following situation:

"Actions to claim movable and immovable property or rights thereon, 

with or without damages for the damages caused to said property or 

for its income and utilities, and for the demarcation of rural property." 

Act No. 104 of June 29, 1955, as amended, Section 2 – Authorization 

(32 L.P.R.A. & 3077).

Considering all of the foregoing, the Commonwealth of Puerto Rico is also 

obligated to effective, timely and full compliance with its obligation under its 

Constitution to enforce contractual agreements. Failure to hold the State responsible 

would relieve it of its obligation by allowing it to expropriate my right to a pension in 

order to satisfy the public debt.

I hereby respectfully request that the Honorable United States District Court,

represented by the Honorable Laura Taylor Swain, to enter an order denying the 

Commonwealth of Puerto Rico's Five Hundred Thirty-Eighth Omnibus (NonSubstantive) Objection to the Commonwealth's Claims of

Case:17-03283-LTS Doc#:23987-61 Filed:04/11/23 Entered:04/11/23 21:08:29 Desc:

Exhibit 61 Page 5 of 9
Certified to be a correct and true translation from the source text in Spanish to the target language English.

6/DECEMBER/2022 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

Incorrect debtor. DEYING the request as related to claim 16333, since the 

constitutional rights established in the Constitution of the Commonwealth of Puerto 

Rico have been violated. 

RESPECTFULLY SUBMITTED,

In San Juan, Puerto Rico, this eighth day of November 2022

[Signature]

María V. Pérez Rodríguez

Respondent

Calle Katherine #400 Urbanización Vega Serena

Vega Baja, PR 00693

Telephone: (787) 629-8744

Email: marionkira@gmail.com

I hereby certify that I have served a copy of this brief to:

Counsel for the Oversight Board 

Proskauer Rose LLP

Eleven Times Square

New York, New York 10036-8299

Attn: Martin J. Bienenstock

Brian S. Rosen

Counsel for the Creditors' Committee 

Paul Hastings LLP

200 Park Avenue

New York, New York 10166

Attn: Lue A. Despins

James Bliss

James Worthington

G. Alexander Bongartz

Case:17-03283-LTS Doc#:23987-61 Filed:04/11/23 Entered:04/11/23 21:08:29 Desc:

Exhibit 61 Page 6 of 9
Certified to be a correct and true translation from the source text in Spanish to the target language English.

6/DECEMBER/2022 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

Attorneys for the Financial Oversight and Management Board for Puerto Rico, as 

representative for the Commonwealth of Puerto Rico.

In San Juan, Puerto Rico, this eighth day of November 2022

[Signature]

María V. Pérez Rodríguez

Respondent

Calle Katherine #400 Urbanización Vega Serena 

Vega Baja, PR 00693

Telephone: (787) 629-8744

Email: marionkira@gmail.com

Case:17-03283-LTS Doc#:23987-61 Filed:04/11/23 Entered:04/11/23 21:08:29 Desc:

Exhibit 61 Page 7 of 9
Certified to be a correct and true translation from the source text in Spanish to the target language English.

6/DECEMBER/2022 - Andreea I. Boscor ATA-certified Spanish-English #525556

By Targem Translations Inc.

Case:17-03283-LTS Doc#:23987-61 Filed:04/11/23 Entered:04/11/23 21:08:29 Desc:

Exhibit 61 Page 8 of 9
TRANSLATOR’S CERTIFICATE OF TRANSLATION

Translation from: Spanish (Puerto Rico) into English (US)

TARGEM Translations Inc.

I, Andreea I. Boscor, ATA-certified Spanish-English #525556, acting as translator at TARGEM Translations Inc., a NEW YORK 

City corporation, with its principal office at 185 Clymer Street, Brooklyn, NY, 11211, USA, certify that:

the English translated document is a true and accurate translation of the original Spanish and has been translated to the best of my 

knowledge.

Original Document Name: ECF 22853 – Claim No. 16333

 

Signed this 6th of December 2022 

__________________________ 

 Andreea I. Boscor

Case:17-03283-LTS Doc#:23987-61 Filed:04/11/23 Entered:04/11/23 21:08:29 Desc:

Exhibit 61 Page 9 of 9