2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 14 - Department of Justice (2004) › Subchapter II - Secretary of Justice (§§ 292 — 292q) › § 292a - Legal counsel

(1) The Secretary is the legal counsel of the Commonwealth, its agencies, and the People of Puerto Rico in civil, criminal, administrative and special suits and proceedings to which it is a party or which are brought before the courts or other forums in or outside of Puerto Rico. The Secretary shall exercise this representation personally or through designated attorneys, prosecutors and advocates, or through the [Solicitor General].
(2) In discharging this function, it is the duty of the Secretary to represent:
(a) The officials or employees of the agencies of the Executive Branch who sue or are being sued in their official capacity and when they so request, as well as the officials or employees of the Legislative Branch and the Judicial Branch who sue or are being sued in said capacity;
(b) the officials, employees, former officials or former employees of the Commonwealth who are sued for damages in their personal capacity, when the cause for action is based on alleged violations of civil rights, subject to the provisions of §§ 3077—3092a of Title 32, known as the “Act on Claims and Suits Against the Commonwealth”, and
(c) the municipalities, when the conditions established by §§ 4001 et seq. of Title 21, known as the “Autonomous Municipalities Act of the Commonwealth” and by §§ 291—295u of this title are present.
(3) Likewise, the Secretary may, on his/her own initiative or at the request of the Governor or a head of agency, bring on his/her behalf the pertinent proceedings and actions, including:
(a) Actions to claim real and personal property of which the deed has expired due to a lack of heirs, in favor of the Commonwealth by provision of law, in which the latter has any other right or ownership.
(b) Eminent domain proceedings in representation of the Commonwealth pursuant to the provisions of the §§ 2901 et seq. of Title 32.
(c) Actions against persons who usurp land, rights or property belonging to the Commonwealth or who build thereon or cause damage thereto, when in his/her judgment, the interests of the Commonwealth so require.
(d) Suits concerning taxes, which shall be submitted to him/her by the Department of the Treasury.
(e) Extradition proceedings under §§ 1881 et seq. of Title 34, and the transfer of federal convicts to the jurisdiction of the Commonwealth.
(f) Any other proceedings and actions provided for by law.
(4) When delivering a judgment for any of the actions mentioned in this section, the Secretary shall request that the mandate necessary for its due enforcement be issued.
(5) Public corporations and instrumentalities may request the Secretary to provide legal counsel and advice services by paying the Department the necessary expenses entailed by the provision of these services. The amounts thus collected shall be covered into the Special Fund created by §§ 291—295u of this title.
(6) The Secretary may grant dispensations to the executive agencies and departments in order for them to represent themselves individually in the judicial and administrative forums when there is just cause and in the appropriate cases.
History —Aug. 9, 2004, No. 205, § 4.