reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353w - Rights of the third-party acquirer in bad faith

A third-party acquirer in bad faith may claim payment for:
(a) The amount paid to the trustee for the assets insofar as the trust would have received benefit or such third-party acquirer would have satisfied any lien on such assets; and
(b) expenses incurred by such acquirer for the repair of such assets and the improvements that may have increased their value, insofar as such acquirer was unaware of the trustee’s breach of trust.
The beneficiary shall encumber the assets, or the proceeds of their disposition, to guarantee they can be reclaimed.
History —Aug. 31, 2012, No. 219, § 57.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353x - Causes for ineffectiveness of private trusts

A private trust may be ineffective on the same grounds that any other legal transaction may be according to general rules.
History —Aug. 31, 2012, No. 219, § 58.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353y - Nullity of a provision

If a provision of the trust instrument is null for any reason the remaining provisions thereof shall only become null if the null provision is not severable from them without undermining the purposes for which the trust was created.
History —Aug. 31, 2012, No. 219, § 59.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353z - Effects of nullity

Unless the trustor has expressly manifested an intention to the contrary, the trust property shall be reverted to the trustor or his heirs, free from trust, if:
(a) The purposes of the trust are fulfilled without exhausting the assets, unless it was constituted for valuable consideration and paid by a third-party, in which case said third-party shall hold the assets;
(b) the trust was created for a term greater than that allowed by this Code, except as provided in the second paragraph of § 3351e of this title;
(c) the trustee holds the title or use of the trust property in a manner contrary to the terms of the trust, or derives a personal gain or benefit as a result of the confidence placed on him;
(d) the inter vivos trust does not meet the formal requirements of § 3453 of Title 31, and neither the trustor nor the trustee or the beneficiary invoke the rights granted thereto by § 3452 of Title 31; or
(e) a charitable trust created gratuitously becomes null because its purposes cannot be fulfilled or are fulfilled without exhausting the assets, unless the rule set forth in Article 68 can be applied (Cy Pres rule);
(f) a charitable trust may be null because it is unlawful.
History —Aug. 31, 2012, No. 219, § 60.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3353aa - Termination of trust

A trust shall terminate when:
(a) The trust purpose is fulfilled;
(b) the term of the trust has expired or the event that causes the trust termination has occurred;
(c) there is an absolute lack of the necessary conditions for its execution, or the condition for its execution is not met within the term stipulated;
(d) the trust purposes become unlawful or impossible to fulfill, unless it is a charitable trust to which the provisions of Section 68 may be applied (Cy Pres rule);
(e) ordered or authorized by the court if, because of circumstances not known to or anticipated by the trustor, the accomplishment of trust purposes would be defeated;
(f) all the beneficiaries agree thereto if they are all determined and capable, unless continuation of the trust is necessary to fulfill an essential purpose thereof. However, if any of the beneficiaries is not determined or is unfit, or if any of them does not consent to the premature termination of the trust, the remaining beneficiaries may partially terminate the trust with the consent of the trustor insofar as those remaining beneficiaries do not incur damages;
(g) the beneficiary resigns, becomes incapacitated, is removed or rejected, or dies, provided that the clear intention of the trustor was that only such person could be the trustee;
(h) the object upon which it was constituted is destroyed. However, if the destruction of the object of the trust is the fault of the trustee or a third party, the trust shall not terminate and its estate shall be cause of action against the trustee for breach of trust or against the third party under tort liability;
(i) a resolution of the right of the trustor over the trust property; or
(j) there is a confusion between the capacity as sole beneficiary and that of sole trustee;
Regardless of the existence of a cause for termination, the trust shall subsist until the entirety of the trust property has been distributed to whom it rightfully belongs, the purposes for which it was constituted have been fulfilled, inventory has been taken and the final accounts have been deemed correct, and the trustee is relieved of his trustee duties and responsibilities as such.
(k) the parties that created the trust have expressly and personally agreed to its termination.
History —Aug. 31, 2012, No. 219, § 61.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354 - Concept and term

A charitable trust is a trust created for the benefit of society in general or a considerable sector thereof. Its term may be indefinite or perpetual.
History —Aug. 31, 2012, No. 219, § 62.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354a - Beneficiary of charitable trusts

A charitable trust may be created even if no particular or clearly identifiable beneficiaries are designated.
If the charitable trust has multiple trustees, the powers granted thereto by this chapter may be exercised by a majority vote unless the terms of the trust provide otherwise.
History —Aug. 31, 2012, No. 219, § 63.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354b - Constitution and administration

The provisions set forth in the third paragraph of § 3351e, and the provisions of §§ 3352, 3352b-3352e, 3352g, 3352h, 3352l, 3352n-3352r, 3352t, 3352v, 3352w-3353, 3353d, 3353j, 3353l-3353p, 3353t-3353x and 3354 of this title shall apply to the creation and administration of charitable trusts.
Any reference to trustees made in such sections shall be construed to include those of charitable trusts or persons empowered to enforce a charitable trust in accordance with the provisions of § 3355 of this title.
History —Aug. 31, 2012, No. 219, § 64.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354c - Charitable purposes

There shall be understood as charitable purposes:
(a) The relief of poverty;
(b) the advancement of education or religion, and the promotion of health;
(c) governmental or municipal purposes, such as building and maintaining monuments, statues, public parks, and similar sites;
(d) any other purpose the achievement of which is beneficial to the community in general, particularly if they are philanthropic, cultural, religious, or scientific in nature.
History —Aug. 31, 2012, No. 219, § 65.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354d - Validity or nullity of charitable trust

A charitable trust shall fail if:
(a) The trustor does not identify the purpose for which the trust property is set aside;
(b) the trust property or the income generated thereby may be devoted to private use. However, if the terms of the trust indicate that the trustee shall allocate the assets partly for private and partly for public use, but fail to indicate a beneficiary, the trust shall fail with respect to such section, but be valid for charitable purposes with respect to the rest.
A charitable trust shall be valid even if, under the terms thereof, it is the trustee who shall select which charities to support insofar as the trustee is fit to make such selection.
History —Aug. 31, 2012, No. 219, § 66.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354e - Modification of charitable trust (Cy Pres Rule)

If a trust is created and its assets are intended for a particular charitable purpose that becomes unlawful, impracticable, or impossible to achieve, the trust shall not fail. In that case, the court shall instruct the trustee to apply the assets to another charity that falls within the general intention of the trustor.
However, if the trustor has provided in the trust instrument that, upon the trust’s termination, the assets shall revert to him or his heirs, such provision shall prevail over any power of the court to apply the aforementioned cy pres rule.
History —Aug. 31, 2012, No. 219, § 67.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter III - Charitable Trust (§§ 3354 — 3354f) › § 3354f - Standing to enforce a charitable trust

The Secretary of Justice, a cotrustee, or a person with a special interest in the fulfillment of the trust’s purposes may enforce such charitable trust by exercising the remedies provided for in this chapter.
An entity with purposes similar to those of the trust shall have standing to request the removal of a trustee for substantial breach of trust, and its own appointment as successor trustee.
History —Aug. 31, 2012, No. 219, § 68.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter IV - Final Provisions (§§ 3355 — 3355a) › § 3355 - Default rule

Should there be any issue that this chapter fails to provide for, or if any of its provisions require interpretation, U.S. doctrines and case law regarding trusts shall govern unless something else is necessarily inferred from any of the provisions of this Act or if there is an express referral to Puerto Rico legislation.
History —Aug. 31, 2012, No. 219, § 69.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 266 - Trust Act (§§ 3351 — 3355a) › Subchapter IV - Final Provisions (§§ 3355 — 3355a) › § 3355a - Other statutes of limitation

Except as provided in §§ 3351e and 3354b of this title, the limitation set forth in the laws of Puerto Rico and the standards for the application thereof that are currently in effect shall govern the actions resulting from the provision of this chapter.
History —Aug. 31, 2012, No. 219, § 70.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3391 - Definition

A quo warranto is a writ by which the Commonwealth of Puerto Rico commences an action to recover an office or franchise from the person or corporation in possession of same.
History —Code Civil Proc., 1933, § 640.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3392 - Grounds; petition; parties

In case any person should usurp, or unlawfully hold or execute any public office or should unlawfully make use of any franchise, or likewise shall hold any office in any corporation created by and existing under the laws of Puerto Rico, or any public officer shall have done or suffered any act which, by the provisions of the law, involves a forfeiture of his office, or any association or number of persons shall act within Puerto Rico as a corporation, without being legally incorporated, or any corporation does or omits any act which amounts to a surrender or forfeiture of its rights and privileges as a corporation, or exercises rights not conferred by law, the Secretary of Justice, or any prosecuting attorney of the respective part of the Court of First Instance, either on his own initiative or at the instance of another person, may file before any part of the Court of First Instance of Puerto Rico a petition for an information [sic] in the nature quo warranto in the name of the Commonwealth of Puerto Rico; or whenever any corporation, by itself or through any other subsidiary or affiliated entity or agent, exercises rights, performs acts, or makes contracts in violation of the express provisions of the Constitution of Puerto Rico or any of its statutes, the Secretary of Justice or any prosecuting attorney, either on his own initiative or at the instance of another person, may file before the Supreme Court of Puerto Rico a petition for an information in the nature of quo warranto in the name of the Commonwealth of Puerto Rico; and if from the allegations such court shall be satisfied that there is probable grounds for the proceeding, the court may grant the petition and order the information accordingly. Where it appears to the court that the several rights of diverse parties to the same office or franchise may properly be determined on the same proceeding, the court may give leave to join all such persons in the same petition, in order to try their respective rights to such office or franchise.
When any corporation by itself or through any other subsidiary or affiliated entity or agent is unlawfully holding, under any title, real estate in Puerto Rico, the Commonwealth of Puerto Rico may, at its option, through the same proceedings, institute in its behalf the confiscation of such property, or the alienation thereof at public auction, within a term of not more than six (6) months counting from the date on which final sentence is rendered.
In every case, alienation or confiscation shall be through the corresponding indemnity as established in the Law of Eminent Domain, §§ 2901-2913 of this title.
History —Code Civil Proc., 1933, § 641; Aug. 7, 1935, No. 47, p. 530, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3393 - Summons

On the filing of such petition, the secretary shall issue a summons returnable in ten (10) days, but if any defendant resides out of Puerto Rico, he may be served in the same manner and with like effect as in other suits.
History —Code Civil Proc., 1933, § 642.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3394 - When defendant required to plead

Every defendant, who shall be summoned or served with a copy of the petition as required in §§ 3391-3397 of this title, shall be held to plead to the petition on the return day of the summons, or when served with a copy of the information at the expiration of the time as may be granted by the court, or in default thereof judgment may be taken nihil dicit.
History —Code Civil Proc., 1933, § 643.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3395 - Time allowed to plead, reply, or demur

The court in which any information, as aforesaid, is filed, may allow the relator or any defendant such convenient time to plead, reply or demur, as it shall deem just and reasonable.
History —Code Civil Proc., 1933, § 644.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 281 - Quo Warranto (§§ 3391 — 3397) › § 3397 - Appeals

Appeals and writs of error may be taken and prosecuted in the same manner as in all other civil actions.
History —Code Civil Proc., 1933, § 646.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3421 - Definition

Mandamus is a high prerogative writ issuing out of the Supreme Court or Court of First Instance of Puerto Rico, in the name of the Commonwealth of Puerto Rico, directed to any natural person, persons, company or corporation or inferior court of judicature within its jurisdiction requiring them to do some particular act therein specified and which appertains to their office or duty. It confers no new authority and the party to be coerced must have the power to perform the act.
History —Code Civil Proc., 1933, § 649.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3422 - Issuance

The writ of mandamus may be issued by the Supreme Court or the Court of First Instance, or any justice or judge thereof, during the term or at chambers, to any inferior tribunal, corporation, board or person to compel the performance of any act which the law especially enjoins as a duty resulting from an office, trust or station, but though it may require an inferior tribunal or any judge thereof, to exercise this judgment, or proceed to the discharge of any of its functions, it cannot control judicial discretion.
History —Code Civil Proc., 1933, § 650.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3423 - Restriction of issuance; information

This writ may not be issued in any case where there is plain and adequate remedy in the ordinary course of the law. It may be issued on the information of the party beneficially interested.
History —Code Civil Proc., 1933, § 651.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3431 - Judgment; damages; costs; peremptory mandamus

If judgment be given for the plaintiff, he shall recover the damages that he shall have sustained, to be ascertained by the court as in a civil action, and costs; and a peremptory mandamus shall also be granted to him without delay.
History —Code Civil Proc., 1933, § 659.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3432 - Recovery as bar to other actions

A recovery of damages by virtue of this chapter against the parties who shall have made a return to a writ of mandamus is a bar to any other action against the same party for the making of such return.
History —Code Civil Proc., 1933, § 660.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 283 - Mandamus (§§ 3421 — 3433) › § 3433 - Fine for failure of public officer to perform duties

Whenever a peremptory mandamus is directed to any public officer, body or board commanding the performance of any public deed specially enjoined by law, if it appear to the court that such officer or any member of such body or board has, without just excuse, refused or neglected to perform the duties so enjoined, the court may impose a fine not exceeding five hundred (500) dollars upon every such officer or member or [of] such body or board. Such fine when collected shall be paid into the Treasury of Puerto Rico, and the payment thereof is a bar to the action for any penalty incurred by such officer or member of such body or board by reason of the refusal or neglect to perform the duties so enjoined.
History —Code Civil Proc., 1933, § 661.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 285 - Prohibition (§§ 3461 — 3464) › § 3461 - Definition

A writ of prohibition is a writ issued by a superior court directed to the judge and parties of a suit in an inferior court commanding them to cease from the prosecution of the same, upon a suggestion that the cause originally, or some collateral matter arising therein, does not belong to that jurisdiction but to the cognizance of some other court; or when by the exercise of its jurisdiction the inferior court will defeat a legal right or to prevent a judge from granting a new trial after the expiration of the trial term.
History —Code Civil Proc., 1933, § 664.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 285 - Prohibition (§§ 3461 — 3464) › § 3462 - Courts authorized to issue

The Supreme Court and the Court of First Instance are hereby authorized and empowered to issue writs of prohibition.
History —Code Civil Proc., 1933, § 665.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 285 - Prohibition (§§ 3461 — 3464) › § 3463 - Application; contents

Writs of prohibition shall be applied for upon affidavit, by petition in the same manner as writs of mandamus, and if the cause shown shall appear to the court to be sufficient a writ shall thereupon be issued, which shall command the court and party to whom it shall be directed to desist and refrain from any further proceedings in the suit or matter specified therein, until the further order of the court issuing same, and then to show cause why they should not be absolutely restrained from any further proceedings in such suit or matter. Providing, That a writ of prohibition cannot be issued to restrain any action of inferior courts properly reviewable by appeal.
History —Code Civil Proc., 1933, § 666.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 285 - Prohibition (§§ 3461 — 3464) › § 3464 - Service; return

Such writ shall be served upon the court and party to whom it shall be directed in the same manner as a writ of mandamus, and a return shall in like manner be made thereto by such court which may be enforced by attachment.
History —Code Civil Proc., 1933, § 667.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 287 - Certiorari (§§ 3491 — 3493) › § 3491 - Definition

The writ of certiorari is a writ issued by a superior to an inferior court requiring the latter to send to former certified copy of some proceeding therein pending, or the record and proceedings in some cause already terminated in cases where procedure is not according to the course of the law, and to complete the proceedings when the lower court refuses to do so upon erroneous grounds.
History —Code Civil Proc., 1933, § 670.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 287 - Certiorari (§§ 3491 — 3493) › § 3492 - Courts authorized to issue

The Supreme Court and the Circuit Court of Appeals are hereby authorized and empowered to issue writs of certiorari only under the terms and situations provided in the “Puerto Rico Judiciary Act of 1994”, and in the Rules of Civil, Criminal and Minors’ Affairs Procedures.
History —Code Civil Proc., 1933, § 671; Dec. 25, 1995, No. 250, § 2; Dec. 18, 1997, No. 151, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 287 - Certiorari (§§ 3491 — 3493) › § 3493 - Procedure

All writs of certiorari issued by any court, pursuant to [the] provisions of §§ 3491-3493 of this title, shall bear the stamp of the issuing court, and all such writs shall be requested in the form and manner provided by §§ 3491-3493 of this title, as well as by the applicable provisions of the “Puerto Rico Judiciary Act of 1994,” by the Rules of Civil and Criminal Procedure, and by the rules approved by the Supreme Court, pursuant to such laws and rules.
History —Code Civil Proc., 1933, § 672; Dec. 25, 1995, No. 250, § 2, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3521 - Definition

An injunction is a judicial command in writing issued under the seal of a court directing a person to refrain from doing or permitting to be done by others under his control a particular act which violates a right of another.
History —Code Civil Proc., 1933, § 675.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3522 - Who may issue

The Supreme Court, or any judge thereof, may issue injunctions to enforce the jurisdiction of said court under the regulations prescribed by law, and the judges of the Court of First Instance may issue injunctions in all cases in which such process may be properly issued.
History —Code Civil Proc., 1933, § 676.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3523 - Grounds

An injunction may be granted in the following cases:
(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of either for a limited period or perpetually.
(2) When it appears by the complaint or affidavit that the commission or continuance of some act during the litigation would produce waste or great or irreparable injury to a party to the action.
(3) When it appears during the litigation that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action and tending to render the judgment ineffectual.
(4) Where pecuniary compensation would not afford adequate relief.
(5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief.
(6) Where the restraint is necessary to prevent a multiplicity of judicial proceedings.
(7) Where the obligation arises from a trust.
History —Code Civil Proc., 1933, § 677.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3532 - Taxes; public nuisance

An injunction may be granted upon the petition of the Commonwealth of Puerto Rico to enjoin and suppress the keeping and maintenance of a common nuisance. The petition shall be verified by the prosecuting attorney of the district in which the common nuisance exists, or by the Secretary of Justice, upon information and belief, and no bond shall be required.
History —Code Civil Proc., 1933, § 686.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 289 - Injunctions Generally (§§ 3521 — 3533) › § 3533 - Penalty for disobedience

The disobedience of a writ of injunction shall be punished as contempt of court by the court.
The court may issue a warrant of arrest on being convinced upon an affidavit of the violation, and the court may sentence, at its discretion, such person to pay a fine not to exceed five hundred (500) dollars, and to make immediate reparation to the person so injured, and to give a larger bond for the compliance of the injunction, or in default of which the person may be incarcerated for a time not to exceed six (6) months.
History —Code Civil Proc., 1933, § 687.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3561 - When injunction granted

An injunction for the retention or recovery of material possession of real property shall be granted on petition of the interested party provided he shows to the satisfaction of the court that he has been disturbed in his possession or tenancy of said property by acts showing intention of disturbing or depriving him of such possession, or when he has already been deprived of said possession or tenancy.
History —Code Civil Proc., 1933, § 690.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3562 - Contents of complaint

The complaint shall be drafted and sworn to pursuant to the provisions of the Code of Civil Procedure and shall set forth:
(1) That the complainant was within the year preceding the filing of the complaint in the actual possession of the property described in said complaint if it is sought to recover it, and was and is in possession thereof if it is sought to retain it.
(2) That he has been disturbed or deprived of the said possession or tenancy.
He shall also describe clearly the facts constituting the disturbance or deprivation and whether said acts were committed by the defendant or by some other person by order of the said defendant.
History —Code Civil Proc., 1933, § 691.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3563 - Date for hearing; summons

The court shall set a date for a hearing upon such complaint, which date shall be within the following fifteen (15) days, and the defendant shall be summoned at least eight (8) days prior to the date set for such hearing.
History —Code Civil Proc., 1933, § 692.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3564 - Motions

All motions or demurrers shall be filed and heard at the time of said hearing.
History —Code Civil Proc., 1933, § 693.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3565 - Judgment; costs

The court shall render judgment without undue delay. Costs shall be taxed against the party against whom judgment is rendered.
History —Code Civil Proc., 1933, § 694.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 291 - Injunctions for Retention or Recovery of Possession of Real Property (§§ 3561 — 3566) › § 3566 - Form of injunction

Such injunction shall direct that the plaintiff be restored to possession and shall require the disturber to abstain in future from the commission of such acts, or of others which show the same intent, and shall warn him that disobedience of such injunction shall constitute contempt of court.
History —Code Civil Proc., 1933, § 695.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3571 - Definitions

(a) Causes of action.— Includes, for the purposes of this chapter, actions under this chapter, under the Puerto Rico Civil Code, 1930 edition; the Mental Health Code, §§ 6152 et seq. of Title 24; and the Special Resources Act, §§ 3391 et seq. of this title, brought by a homeless person or his/her intercessor.
(b) Homeless.— Means, for the purposes of this chapter, any person:
(1) Who has no fixed, regular or appropriate residence, or
(2) whose residence is:
(A) A publicly or privately supervised shelter designed to provide temporary residence, including those institutions devoted to providing transitory residence to the mentally ill;
(B) an institution that provides temporary residence for those individuals who are about to be institutionalized, or
(C) a public or private place that is not designed or regularly used as a dormitory for human beings.
(3) It also includes any person included under the definition of the terms “homeless”, “homeless individual”, or “homeless person” of Public Law 100-77 of July of 1987, 101 Stat 482, as amended, known as the “Stewart B. McKinney Homeless Assistance Act”.
(c) Intercessor.— Means, for the purposes of this chapter, any person who is an officer, official, employee, or a volunteer duly identified and authorized by a community-based, government, federal, Commonwealth or municipal organization, duly authorized and identified by the entity to which he/she is affiliated, who acts as the spokesperson or representative of a homeless person.
(d) Community-based organization.— Means, for the purposes of this chapter, any juridical person that has notified the Department of the Family of its intent to render intercession services for the benefit of the homeless.
History —Code Civil Proc., 1933, added as § 696 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3572 - Procedures

Any cause of action exercised under this chapter shall be brought by presenting a suit on which the facts that motivate the action shall be recorded as well as the remedies requested. Along with the suit, a summons shall be enclosed, which shall be immediately issued by the clerk of the Court of First Instance, on which the date set for the first appearance of the parties before the court shall be recorded.
On this first appearance, the parties shall present all the documentary proof they have available and an accounting of the witnesses to be present at the second appearance.
The judge presiding on the part where the procedure is being heard may consolidate both appearances into a single one, if this best serves to protect the rights of the homeless person.
History —Code Civil Proc., 1933, added as § 697 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3573 - Intercessor

An intercessor of a government, community-based, federal, Commonwealth or municipal organization may appear to represent a homeless individual, and shall have active legitimacy therefore before any judicial or administrative forum of the Commonwealth of Puerto Rico.
History —Code Civil Proc., 1933, added as § 698 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3574 - Jurisdiction—Initiation of action

The causes of action brought by or on behalf of a homeless person may be presented at any part of the Court of First Instance, regardless of the place of residence of the parties, of the location where the events took place, or where a real property is located.
History —Code Civil Proc., 1933, added as § 699 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3575 - Subsequent procedures

The judge presiding over a hearing for the first appearance in any case brought under Title XVIII of this act, shall schedule in that hearing the course of the subsequent proceedings in the case, including the use of the mechanisms of discovery of proof, which shall be conducted before the second appearance.
History —Code Civil Proc., 1933, added as § 700 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 5 - Extraordinary Remedies (§§ 3391 — 3576) › Chapter 292 - Procedure for Cases Involving Homeless Persons (§§ 3571 — 3576) › § 3576 - Exemption from payment of fees

(a) All documents presented to the Court of First Instance by the homeless person or by an intercessor, shall be exempted from the payment of fees.
(b) All copies of pertinent documents available at the agencies of the Commonwealth, public corporations and the municipalities, that are requested by the homeless or their intercessors, shall be issued free of charge.
History —Code Civil Proc., 1933, added as § 701 on Aug. 31, 2000, No. 277, § 1, eff. 90 days after Aug. 31, 2000.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part I - SCOPE OF RULES › Rule 1 - Scope of Rules › Rule 1 - Scope of Rules

These rules shall govern the procedure in all suits of a civil nature brought before the General Court of Justice. They shall be construed so as to secure the just, speedy and inexpensive determination of every action.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 2 - Commencement of action › Rule 2 - Commencement of action

An action is commenced by filing a complaint with the court.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 3 - Venue (“competencia”) › Rule 3.1 - Jurisdiction

Every action shall be filed with the pertinent division or part of the court, as provided by statutes and by these rules, but no case shall be dismissed for having been submitted to a court without jurisdiction or authority therefor. Every case shall be heard in the part of the court where it is brought by agreement of the parties and the consent of the judge presiding said part at that time. Otherwise, it shall be transferred by order of the judge to the corresponding part.
History —Amended on Dec. 12, 1995, No. 249, § 1, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 3 - Venue (“competencia”) › Rule 3.2 - Actions involving real property

Actions involving the title to real property or any right or interest in such property shall be filed in the part corresponding to that in which the subject of the action, or part thereof, without prejudice to the general rules on jurisdiction and removal established in Rules 3.1 and 3.5.
History —Amended on Dec. 25, 1995, No. 249, § 2, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 3 - Venue (“competencia”) › Rule 3.3 - Actions to be tried according to the place of origin of the cause

Actions against the Commonwealth of Puerto Rico and actions to recover damages under any legal precept, or to obtain compensation from an insurance company, based on an insurance policy contract, shall be filed in the part corresponding to that in which the cause of action or any part thereof originated, without prejudice of the general rules on jurisdiction and removal established in Rules 3.1 and 3.5.
History —Amended on Dec. 25, 1995, No. 249, § 3, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 3 - Venue (“competencia”) › Rule 3.4 - Actions to be tried according to residence of parties

In all other cases, action shall be filed in the part of the court corresponding to the established place of residence of any or all defendants, except for actions involving claims for wages and child support, which shall be processed in the part corresponding the plaintiffs place of residence. If none of the defendants reside in Puerto Rico, or if the plaintiff does not know where they live, action shall be filed in any part of the Court of First Instance, without prejudice to the provisions in Rules 3.1 and 3.5. In the case of businessmen, partnerships, corporations and associations with offices or agents in different places, action may be brought against them in the part of the court in which their headquarters, main office or agent is located, or in the place in which they incurred obligations.
History —Amended on Dec. 25, 1995, No. 249, § 4, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 3 - Venue (“competencia”) › Rule 3.5 - Removal of actions

(a) When an action has been filed in an inappropriate part, if the defendant wishes to challenge said part jurisdiction, a motion to have the action removed to the proper part of the court shall be filed within a term of thirty (30) days from the date of notice of the suit and service of process. The motion for removal shall be duly sworn unless the facts on which the referred motion is grounded are clearly stated from the face of the complaint or from the record in the case. If no written opposition to the motion for removal is filed within ten (10) days following the service of notice of said motion the case shall be removed to the proper part of the court.
The filing of any motion or of a responsive pleading within the aforesaid thirty (30) day period shall not be considered a waiver of the right to petition for removal.
(b) The court may order an action removed from the part of the court where it is being heard to another part in the interests of justice or for the witnesses’ convenience.
History —Amended on Aug. 4, 1979, No. 197, p. 575, § 1; Dec. 25, 1995, No. 249, § 5, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.1 - Issuance

Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it to the plaintiff or his attorney. Upon request of the plaintiff, the clerk shall issue separate or additional summons against any defendants.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.2 - Form

The summons shall be signed by the clerk, shall bear the name and seal of the court, specifying the part, and the names of the parties; shall be addressed to the defendant, state the name, address and telephone number of the plaintiff’s attorney, and the term within which these rules require the defendant to appear, and shall advise him that if he fails to do so, judgment by default shall be rendered against him, granting the relief demanded in the complaint.
History —Amended on Dec. 25, 1995, No. 249, § 6, eff. May 1, 1996.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO Appendix (§§ 1 — 39.4) › Appendix III - Rules of Civil Procedure for the General Court of Justice, 1979 (§§ 39.2 — 39.4) › Part II - COMMENCEMENT OF ACTION › Rule 4 - Process › Rule 4.3 - By Whom Served; Term to Serve

(a) Service of process shall be made by a marshal or by any person not less than eighteen (18) years of age who can read and write, who is not a party or his attorney and who has no interest in the action. In the case of defendants who are outside Puerto Rico, the summons shall be served by a marshal of the jurisdiction where it is served or by an attorney authorized to practice law in said jurisdiction or in Puerto Rico or by a person specially appointed by the court for that purpose.
(b) A subpoena shall be served within a period of six (6) months from the date the lawsuit is filed. The office of the Clerk of the Court of First Instance shall issue such subpoena on the date the lawsuit is filed. If the office of the Clerk should fail to issue the subpoena on the same date, the courts shall grant an additional term for serving the subpoena equal to the number of days the issue is delayed. To that effect, the parties shall promptly file an application for deferment to serve the subpoena in connection with their lawsuit. Furthermore, such six (6)-month term may only be deferred under other circumstances and for a reasonable period if the plaintiff, in the discretion of the court, shows just cause for deferment and requests the same within the term originally prescribed. If the term originally prescribed or its deferment should lapse before the subpoena has been served, the case shall be dismissed with prejudice to plaintiff.
History —Amended May 12, 2009, No. 17, § 1.