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 252 - Civil Action Claims (§§ 3095 — 3100) › § 3097 - Quantum of proof

For the purposes of this chapter, the commission of the negligent, culpable or illicit acts or omissions in impairment of the public treasury may be evidenced through the presentation of a certified copy of the conviction sentence, or a certified copy of the guilty plea resolution resulting from the penal procedure in which said act or omission was tried before a competent court. Said sentence or resolution shall constitute prima facie evidence of the acts that motivated it. In the cases in which no conviction or allegation of guilt in a penal process for these same acts has preceded the civil action, the commission of the negligent, culpable or illicit acts or omissions in impairment of the public treasury may be evidenced by robust and convincing evidence.
Once it has been proved that [an] action or negligent, culpable or illicit act or omission has been incurred, the amount of the damages caused to the public treasury shall be established based on the burden of proof.
History —June 13, 2001, No. 36, § 3.
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 252 - Civil Action Claims (§§ 3095 — 3100) › § 3098 - Other jurisdictions

In those cases in which the conviction or guilty plea referred to in § 3097 of this title has not been made under the laws of the Commonwealth of Puerto Rico, only those judgments or decrees of competent judicial authorities in which the guilt of the defendant has been proved beyond any reasonable doubt in charges for crimes whose modality require[s] that all the elements that must be proven by the State against the defendant to prevail in its claim in the civil procedure authorized in this chapter, shall be considered for the effects of this chapter.
History —June 13, 2001, No. 36, § 4.
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 252 - Civil Action Claims (§§ 3095 — 3100) › § 3099 - Interpretation

The exercise of a civil action pursuant to this chapter shall not be construed as impairment of the right of the Commonwealth of Puerto Rico or any or its instrumentalities to file any penal or administrative action based on the same facts adjudged in the civil process authorized through this chapter.
History —June 13, 2001, No. 36, § 5.
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 252 - Civil Action Claims (§§ 3095 — 3100) › § 3100 - Prescriptive term

The remedy established in § 3096 of this title may be claimed by the Commonwealth of Puerto Rico within a prescriptive term of fifteen (15) years counting from the filing in record of a copy of the notice of the conviction sentence or of the guilty plea resolution referred to in § 3097 of this title. In those cases in which there is no preceding penal conviction, the term shall begin to count from the moment that the Secretary of Justice becomes aware of the damages and of the person who caused them, or from the moment that he/she could have reasonably become aware of the same.
History —June 13, 2001, No. 36, § 6.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3114 - Attorney’s fees—Government policy

The Legislature of Puerto Rico hereby declares that to permit collection of attorney’s fees from workers or employees who need to file claims against their employers under federal or local labor legislation or under an individual or collective work contract is equivalent to permitting the worth of their hire to be reduced by the amount they pay their attorneys. It is furthermore declared that to permit labor organizations to contract for the payment of attorney’s fees on the basis of a percentage of any benefit obtained through collective bargaining agreements redounds to the detriment of industrial peace by seating a private interest, alien to those which ought to properly be the subject matter of the negotiations, at the negotiating table.
It is therefore declared that the policy of the Government of Puerto Rico is to safeguard workers and employees against such reductions in the worth of their hire and to protect the public interest against said percentage basis contracts, inasmuch the same redound to the detriment of industrial peace.
History —May 12, 1950, No. 402, p. 954, § 1; June 3, 1980, No. 90, p. 246.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3115 - Attorney’s fees—Payment by employer; exemption of employee

In every case filed in the courts of Puerto Rico by a worker or an employee in which any right or sum of money is claimed against his employer under federal or local labor legislation or an individual or collective work contract and in which the claim is granted in whole or in part, the attorney’s fees shall be levied on the employer if the attorney is not one of the attorneys of the Department of Labor and Human Resources. When sentence is entered [on] behalf of the respondent employer, attorney’s fees shall not be levied on the complainant worker or employee; Provided, That for the purposes of §§ 3114-3117 of this title, the term “employer” shall include the authorities and public corporations of the state Government and/or its representatives.
In cases in which the claim is settled out of court, the parties thereto, in addition to complying with the provisions of law governing settlements, if they cannot reach an agreement of the fees to be paid by the respondent employer to the attorney of the complainant worker or employee, shall submit their determination to the court which had jurisdiction in the case. No costs shall be levied in these proceedings.
History —May 12, 1950, No. 402, p. 954, § 2; June 3, 1980, No. 90, p. 246.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3116 - Attorney’s fees—Contracts agreed to by employee; nullity

All contracts, covenants, or agreements in which workers or employees agree directly or indirectly to pay fees to their attorneys in judicial or extrajudicial cases of claims against their employers under the labor legislation of Puerto Rico, or under labor legislation of the United States Congress applicable to Puerto Rico or under an individual or collective work contract, shall be void and contrary to the public peace. Contracts, covenants, or agreements, however, in which a labor organization binds itself to pay attorney’s fees for services rendered to the same, provided payment of such fees is not contracted for, covenanted or agreed upon on the basis of a percentage of any right, benefit, or increase of wages acquired through collective bargaining, shall be valid.
History —May 12, 1950, No. 402, p. 954, § 3; June 3, 1980, No. 90, p. 246.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3117 - Attorney’s fees—Liability of attorney for violation

Any attorney who receives compensation from a workman or group of workmen in violation of the provisions of §§ 3114-3117 of this title shall be under obligation to reimburse to the workman the amount paid to him, plus an equal amount of money, by way of liquidated damages, to the workman or group of workmen affected. The Secretary of Labor and Human Resources is hereby authorized to appear [on] behalf of the workmen in all actions to recover said sums.
History —May 12, 1950, No. 402, p. 954, § 4.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3118 - Filing of complaint; parties; jurisdiction

Whenever a workman or employee should have to claim from his employer any equity or benefit, or any sum on account of compensation for work or labor done for said employer, or for compensation in case said workman or employee should have been discharged from his work without just cause, he may choose to appear before the Part of the District Court or of the Court of First Instance, as the case may be, of the place where the work was done, or where said workman or employee resides on the date of the claim, and file a complaint against the employer, which complaint shall be made out or filled in, as the case may be, by the judge, or the Clerk of the court, in which the workman or employee shall set forth the facts upon which the claim is grounded.
In the exercise of any action that may be brought under the procedure established by §§ 3118-3132 of this title, the Secretary of Labor and Human Resources may sue, motu proprio or at the instance of one or more workmen or employees having an interest in the matter, and on behalf and in representation of one or more of such workers or employees who are in similar circumstances, and he may also act as the complainant or intervener in any claim initiated under the procedure established in §§ 3118-3132 of this title.
The complaint may include the claims of all workmen and employees of the same employer who failed to receive their equities, benefits, or wages earned on the same work; Provided, That the filing of a complaint by one or more workmen or employees, or by the Secretary of Labor and Human Resources on their behalf, shall not preclude the filing of other actions by, or on behalf of other workmen or employees.
The District Court shall take cognizance of every complaint in which the amount in question does not exceed ten thousand dollars ($10,000) excluding interest, costs, expenses, and attorney’s fees; Provided, That, if the complaint is filed in the District Court and the amount in question exceeds ten thousand dollars ($10,000), excluding interest, costs, expenses, and attorney’s fees, the judge shall direct, if so requested by any of the parties, that the complaint be forthwith remanded to the pertinent Part of the Court of First Instance, where the case shall be heard.
History —Oct. 17, 1961, No. 2, p. 447, § 1; § 1; May 30, 1984, No. 38, p. 102; Dec. 24, 1998, No. 319, § 1.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3119 - Definitions

The word “workman” as used in §§ 3118-3132 of this title shall comprise all manual laborers of either sex and such natural persons as may be employed in domestic services or occupations, and the word “employee”, which is used in its fullest meaning, shall comprise, among others, all kinds of artisans, employees or business or industry clerks.
History —Oct. 17, 1961, No. 2, p. 447, § 2.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3121 - Hearing; judgment upon default

Where defendant files his answer to the complaint in the manner and within the term provided in § 3120 of this title, the hearing shall be held irrespective of calendar, at the instance of complainant, upon notice to defendant.
Where defendant shall fail to file his answer to the complaint in the manner and within the term provided in § 3120 of this title, the judge shall render judgment against defendant, at the instance of complainant, granting the remedy sought. In such case, the judgment shall be final and no appeal may be taken therefrom; Provided, however, That defendant may, within the ten (10) days following the service of notice of the judgment, appeal from the District Court to the corresponding Court of First Instance, or from the Court of First Instance where the claim originated to the Supreme Court, for a review of the proceedings.
History —Oct. 17, 1961, No. 2, p. 447, § 4.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3122 - Notice to and intervention by Labor and Human Resources

The court secretary shall send a copy of any complaint filed under the procedure established by §§ 3118-3132 of this title as well as of the order setting the date for the hearing, to the Secretary of Labor and Human Resources, who may intervene in the proceedings through any of the attorneys of the Department of Labor and Human Resources.
History —Oct. 17, 1961, No. 2, p. 447, § 5.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3123 - Failure of parties to appear

Where none of the parties appear at the act of the hearing, the court shall postpone the hearing of the case; where only defendant appears, the court shall, at the instance of defendant, dismiss the claim; but where only complainant appears, the court shall, at the instance of complainant, render judgment against defendant, granting the remedy sought. In either case the judgment shall be final and no appeal may be taken therefrom; Provided, however, That the aggrieved party may, within the ten (10) days following the service of notice of the judgment, appeal from the District Court to the corresponding Court of First Instance, or from the Court of First Instance where the claim originated to the Supreme Court, for a review of the proceedings.
History —Oct. 17, 1961, No. 2, p. 447, § 6.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3124 - Discretion of court; motion

When judgment is rendered under §§ 3121 or 3123 of this title, the court shall retain the discretion granted by Rule 49.2 of the Rules of Civil Procedure for the General Court of Justice in cases of error, inadvertence, surprise, excusable negligence or fraud, but the motion invoking said discretion shall be filed within the term of sixty (60) days after the service of notice of the judgment on the parties and there shall be stated therein, under oath, the grounds on which the petition is based. Where said petition is not filed within the term and in the manner herein provided, the court shall dismiss it.
History —Oct. 17, 1961, No. 2, p. 447, § 7.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3125 - Defects in form; evidence

No complaint shall be dismissed for defects in form only.
In the introduction of evidence, the widest possible latitude shall be allowed to the parties.
History —Oct. 17, 1961, No. 2, p. 447, § 8.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3126 - Judgment; indemnity or liquidated damages

Within twenty-four (24) hours after the hearing, the judge shall render judgment, affirming or dismissing the claim. Where the claim is affirmed, the defendant shall be adjudged and directed to grant the right or benefit claimed or to pay to complainant such amount of wages or compensation as shall have been shown by the evidence, as the case may be.
If malice aforethought on the part of defendant is shown, the judge shall adjudge him to pay to complainant, by way of indemnity or liquidation of damages, an additional sum not to exceed fifty (50) dollars.
History —Oct. 17, 1961, No. 2, p. 447, § 9.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3127 - Appeals from District Court

Where the case originates in the District Court, any of the parties aggrieved by the judgment may appeal to the Court of First Instance.
The appeal shall be taken by filing with the Secretary of the District Court, within ten (10) days after notice of the judgment is served, a writing expressing the intent to appeal, and by delivering a copy of such writing to the opposing party or to his proxy or counsel.
The appeal shall be prosecuted in accordance with the regular procedure for appeals from the District Court to the Court of First Instance.
History —Oct. 17, 1961, No. 2, p. 447, § 10.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3128 - Indemnity for dilatory appeal

Where the appellant shall be the defendant and the Court of First Instance shall be satisfied that the said appeal was taken only for the purpose of delaying a compliance with the judgment, the court shall have power, on deciding same, to adjudge defendant to pay to complainant, by way of indemnity or as a punishment, a sum not to exceed one hundred (100) dollars.
History —Oct. 17, 1961, No. 2, p. 447, § 11.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3129 - Appeals from Court of First Instance

The Supreme Court may take cognizance of appeals from and petitions for review of judgments rendered in first instance by the Court of First Instance, in ordinary proceedings.
History —Oct. 17, 1961, No. 2, p. 447, § 12.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3130 - Limitations on appeals; certiorari

In no case shall more than one appeal be allowed. The Supreme Court may, in its discretion and through certiorari proceedings, review the judgments rendered on appeal by the Court of First Instance.
History —Oct. 17, 1961, No. 2, p. 447, § 13.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3131 - Payment of judgment; execution

The judgment affirming a claim may be executed on any property of the defendant through an order of execution which shall be issued by the secretary at the instance of complainant, and which shall be executed by the marshal within a term not to exceed twenty (20) days from the date said order of execution was delivered to him.
History —Oct. 17, 1961, No. 2, p. 447, § 14.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3132 - Costs and attorney’s fees

No costs shall accrue in this kind of suits.
In all cases where a judgment is rendered in favor of complainant, if he appears represented by a private attorney, the attorney’s fees shall be assessed against defendant.
History —Oct. 17, 1961, No. 2, p. 447, § 15, eff. Oct. 17, 1961.
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 253 - Labor Claims (§§ 3101 — 3133) › § 3133 - Preventive attachment

In actions for wages under labor legislation in force a preventive attachment may be effected, without the requirement of furnishing a bond, on the property of the defendant, in an amount sufficient to guarantee the effectiveness of the judgment which at the proper time may be obtained when, in the judgment of the court where the action is pending, the complaint adduces facts sufficient for a cause of action in favor of the plaintiff and there are well-founded grounds for fearing, after a hearing to that effect, that if such preventive attachment is not effected immediately, the judgment which may be obtained would be academic because there would be no property on which to execute it. The court may also order, in substitution or addition to the attachment, any other means which it deems appropriate, according to the circumstances of the case, to guarantee the effectiveness of the judgment which may be obtained; Provided, That the defendant may prevent or release the attachment by furnishing a bond sufficient to the satisfaction of the court.
History —June 21, 1968, No. 107, p. 217.
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 255 - Libel and Slander (§§ 3141 — 3149) › § 3141 - Civil action for libel and slander established

The civil action for damages for libel and slander is hereby established.
History —Feb. 19, 1902, p. 214, § 1.
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 255 - Libel and Slander (§§ 3141 — 3149) › § 3142 - Libel defined

Libel is the malicious defamation of a person made public by writing, printing, sign, picture, representation, effigy, or other mechanical mode of publication tending to subject him to public hatred or contempt, or to deprive him of the benefit of public confidence and social intercourse, or to injure him in his business, or in any other way to throw discredit, contempt or dishonor upon him, or malicious defamation made public as aforesaid, designed to blacken or vilify the memory of one who is dead and tending to scandalize or provoke his surviving relatives or friends.
—Feb. 19, 1902, p. 214, § 2.
History
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 255 - Libel and Slander (§§ 3141 — 3149) › § 3143 - Slander defined

Slander is a false and unprivileged publication other than libel, which imputes to any person the commission of a crime, or tends directly to injure him in respect to his office, profession, trade or business, or which by natural consequences causes actual damages.
—Feb. 19, 1902, p. 214, § 3.
History
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 255 - Libel and Slander (§§ 3141 — 3149) › § 3144 - Communications not held or presumed malicious

A publication or communication shall not be held or deemed malicious when made in any legislative or judicial proceeding or in any other proceeding authorized by law. A publication or communication shall not be presumed to be malicious when made:
First.— In the proper discharge of an official duty.
Second.— In a fair and true report of a judicial, legislative, official or other proceeding, or of anything said in the course thereof.
Third.— To a Commonwealth official upon probable cause with the intention of serving the public interest or of securing the redress of a private wrong.
History —Feb. 19, 1902, p. 214, § 4.
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 255 - Libel and Slander (§§ 3141 — 3149) › § 3145 - Presumption of malice

Malice shall be presumed to exist in any injurious communication or writing made without justifiable motive and addressed to any person other than to a relative within the third degree, or to a person whom the author has under his guardianship or when said communication passes between persons having business in partnership, or other similar association.
History —Feb. 19, 1902, p. 214, § 5.
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 255 - Libel and Slander (§§ 3141 — 3149) › § 3146 - Truth of charges as to public employee

If the plaintiff be a public employee and the libel refer to acts connected with his office, judgment shall be rendered for the defendant if he prove the truth of his charges.
History —Feb. 19, 1902, p. 214, § 6.
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 255 - Libel and Slander (§§ 3141 — 3149) › § 3146a - Answer to complaint

In civil actions for damages for libel or slander, the defendant may, in his answer, allege the truth of the charges as defamatory, as well as any mitigating circumstances, to reduce the amount of damages; and whether he proves the truth of the fact or not, he may introduce evidence of mitigating circumstances.
History —Feb. 19, 1902, p. 214, added as 6A on May 12, 1980, No. 41, p. 103, § 1.
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 255 - Libel and Slander (§§ 3141 — 3149) › § 3147 - Costs and attorney’s fees

If there be a judgment in favor of the plaintiff, the judgment shall include costs and a reasonable attorney’s fee, to be assessed by the court. If there be a judgment in favor of the defendant, and if the court finds that the action was commenced by the plaintiff without justifiable cause, the judgment shall include besides costs, an attorney’s fee which shall be assessed by the court and shall not exceed one hundred and fifty (150) dollars.
History —Feb. 19, 1902, p. 214, § 7.
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 255 - Libel and Slander (§§ 3141 — 3149) › § 3148 - Publication of libel

To sustain the charge of publishing libel it is not needful that the words for which suit is brought should have been read by any person; it is enough and sufficient evidence if the accused knowingly parted with the immediate custody of the libel or exposed the same to view under circumstances which allowed it to be read by any other person.
History —Feb. 19, 1902, p. 214, § 8.
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 255 - Libel and Slander (§§ 3141 — 3149) › § 3149 - Relationship between civil and criminal actions

Actions brought under §§ 3141-3149 of this title shall be independant of any criminal action which may arise out of the libel or slander; but in case damages have been assessed in a criminal action for libel or slander, prosecuted by the prosecuting attorney, no civil action shall be brought to recover damages for the same libel or slander until the plaintiff has formally waived damages adjudged in such criminal action.
History —Feb. 19, 1902, p. 214, § 9.
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 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3151 - Definitions

(a) Authorized agent.— Whoever is directly authorized to consent to the use of a person’s likeness through an agency or under a representation agreement.
(b) Damages.— All compensatory damages, including, but not limited to loss of income if the person had consented to a likeness licensing agreement, as well as the profit made by the offender exclusively through the unauthorized use of a person’s likeness.
(c) Likeness.— Name, photograph, portrait, voice, signature, attribute or any representation of a person through which an average observer or listener may identify the same, produced using any reproduction procedure or technique.
(d) Gross negligence.— Total carelessness or failure to adhere to a minimal standard of care that raises a presumption of indifference to consequences, implying reckless disregard.
(e) Parody.— Comical imitation that uses elements which, at least partly, provides commentary of or directly mocks a person altering his/her image.
(f) Person.— Natural person, living or deceased, regardless of the previous use of his/her likeness for commercial purposes. It includes any legal entity that holds the rights of a person’s likeness through a license or by transfer of publicity rights.
(g) Accessory figure.— A person who is not the focus of a communication, but rather a part of a group or background figure.
(h) Commercial purpose.— The use of a person’s likeness in connection with an advertisement, offer, or sale of a product, merchandise, good or service in the market.
(i) Advertising purposes.— The use of an individual’s likeness in communications media to broadcast or inform the public of a good or service available in the market, including its use in company announcements.
(j) Satire.— Expression that seeks to criticize or ridicule someone or something by using it’s likeness without alteration or transformation.
—July 13, 2011, No. 139, § 2.
History
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 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3152 - Cause of action

Any natural or juridical person who uses another’s likeness for commercial, trade, or advertising purposes without the previous consent of said person, the person who possesses a license for said likeness, his/her heirs if the person is deceased, or the authorized agent of any of the forgoing shall be liable for damages.
In the event that the consent required under this chapter is not obtained, the plaintiff may seek an injunction against the continued use of said likeness and can recover monetary damages, including any royalties accrued, or financial losses resulting from the violation of the right established herein.
—July 13, 2011, No. 139, § 3.
History
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 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3153 - Remedy

The law provides for both injunctive relief and compensatory damages to a plaintiff who sues for misappropriation or violation of the right of publicity. The court may award damages taking into account the following elements: any of the defendant’s profits that are attributable to the use of the plaintiff’s likeness; the amount of any future publicity value the plaintiff may have been denied as a result of the defendant’s infringing activities; the value of the detrimental effect that the defendant act would have caused to the plaintiff; and any other factor the court determines as adequately quantitative of damages.
At its discretion, the court may award compensatory damages for an amount no greater than three (3) times the amount profited by the defendant and/or for any losses suffered by the plaintiff if it determines that the violation was deliberate or carried out with malicious intent.
Alternatively, the plaintiff may choose to request that the court rules for statutory damages. Statutory damages may be awarded in an amount of no less than $750 and no greater than $20,000 per violation, as deemed to be fair by the court. Whenever a violation is determined to be deliberate or due to gross negligence, the court may freely increase the amount of statutory damages to a sum no greater than $100,000 per violation. Each violation under these statutory damages shall be equal to the act of unlawful use of a person’s likeness regardless of the number of copies made of the work in question at any given moment.
Moreover, if the court rules in favor of the plaintiff, the court shall always award for legal costs, attorney fees, and expenses.
Upon the court’s determination that the defendant was unaware and had no reason for knowing or believing that his/her activities constituted a violation of the plaintiff’s publicity rights, the court, at its discretion, may reduce the amount of damages awarded.
The remedies provided in this section are set forth in addition to the remedies provided by any other applicable state or federal statute.
—July 13, 2011, No. 139, § 4.
History
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 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3154 - Transferability

The rights under this chapter shall be freely transferable and descendible property rights, in whole or in part, to any person or incorporated entity by written transfer, including, but not limited to, a signed agreement among the parties, powers, licenses, donations, and wills, or by intestate succession.
History —July 13, 2011, No. 139, § 5.
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 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3155 - Extension

The right of publicity shall last for 25 years after the death of a person, regardless of previous commercial use during their lifetime.
History —July 13, 2011, No. 139, § 6.
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 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3156 - Statute of limitations

Any action or proceeding to enforce any provision of this chapter shall be initiated not later than one (1) year following the date that the affected person became aware or should have gained knowledge of the occurrence of the facts that constitute grounds for a cause of action and serves as the foundation for such action or procedure.
History —July 13, 2011, No. 139, § 7.
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 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3157 - Exceptions

This chapter shall not apply under the following circumstances:
(a) When an individual’s likeness is used in any medium as part of a news report, political expression, sporting, or artistic event transmission, or presentation with a legitimate public interest, and where said likeness is not used with commercial or publicity purposes.
(b) When a person’s likeness is used as part of a satire or parody, but with no commercial or advertising purposes.
(c) When a person’s likeness is used for criticism or remarks in academia or research, as long as said use does not constitute a hidden exploitation of a person’s protected likeness.
(d) When the likeness of an accessory figure is used.
History —July 13, 2011, No. 139, § 8.
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 256 - Right of Publicity Act (§§ 3151 — 3158) › § 3158 - Limited immunity

The owners or employees of any medium, including, but limited to newspapers, magazines, publicity billboards, internet, and radio or television stations in which an individual’s likeness appears in violation of this Act shall not be held liable except when proof of their knowledge that said likeness was used without the authorization required by this chapter can be established.
History —July 13, 2011, No. 139, § 10.
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 257 - Enforcement of Summons of Secretary of Treasury (§§ 3171 — 3173) › § 3171 - Application to Court of First Instance for enforcement; contempt of court

If any summons or requirement issued by the Secretary of the Treasury of Puerto Rico or by his agents pursuant to the powers granted to them by law is not duly complied with, said official may appear before the Court of First Instance of Puerto Rico and request of said Court to direct that such summons or requirement be obeyed. The Court of First Instance of Puerto Rico shall have exclusive jurisdiction to issue orders directing compliance with any summons or requirement authorized by the Secretary of the Treasury of Puerto Rico or by his agents pursuant to law and to direct the presentment of any evidence, documentary or otherwise, that the Secretary of the Treasury of Puerto Rico or his agents may have previously required. Disobedience to such orders shall constitute contempt of court.
History —Mar. 20, 1951, No. 27, p. 58, § 1.
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 257 - Enforcement of Summons of Secretary of Treasury (§§ 3171 — 3173) › § 3172 - Self-incrimination; immunity from prosecution

No natural or [juridical] person may refuse to comply with any summons or requirement issued by the Secretary of the Treasury of Puerto Rico or by his agents, or with any court order issued under the provisions of §§ 3171-3173 of this title, by alleging that the testimony or evidence required would incriminate him or subject him to a penalty; but no person shall be prosecuted nor subject to any penalty by reason of or for any transaction, matter, or event concerning which he is obliged to testify or to produce evidence after his having claimed his privilege not to incriminate himself, except that whoever may so testify shall not be exempt from prosecution and punishment for perjury committed in the act of giving such testimony.
History —Mar. 20, 1951, No. 27, p. 58, § 2.
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 257 - Enforcement of Summons of Secretary of Treasury (§§ 3171 — 3173) › § 3173 - Part of Court of First Instance having jurisdiction

The part of the Court of First Instance of Puerto Rico in whose territorial jurisdiction the person summoned or required resides, shall have jurisdiction over the proceedings provided by §§ 3171-3173 of this title.
History —Mar. 20, 1951, No. 27, p. 58, § 3.
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 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3181 - Definition of joint custody

For purposes of this chapter, joint custody means the obligation of both parents, the father and the mother, to exercise directly and fully all the duties and responsibilities entailed by the upbringing of their children by spending the greatest amount of time possible with them and providing them with the company and attention expected from a responsible parent.
Joint custody does not require a minor to stay overnight for the same amount of time in each parent’s house. However, in the case that a minor only stays overnight at the home of one of the parents, joint custody shall be awarded if the other parent maintains a close relationship with the child, to the greatest extent possible, and responsibly performs all the duties as parent and those imposed as part of the legal custody. In no case shall it be construed that awarding joint custody shall mean the non-imposition of child support in favor of the minor, and neither shall it necessarily mean the reduction or increase thereof. The corresponding determination shall be made on a case by case basis depending on the joint custody agreements and always in accordance with the provisions of §§ 501 et seq. of Title 8, known as the “Child Support Act”.
History —Nov. 21, 2011, No. 223, § 1.
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 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3182 - Consideration of joint custody

In all cases of divorce, dissolution, or separation of an unmarried couple where minors are involved, joint custody of the minors shall be taken into consideration if it inures to the best interest of the minor, even against the will of the parent who is interested in being awarded sole custody, unless there is evidence to the contrary and except for the cases where the exclusions set forth in § 3187 of this title apply. Therefore, courts shall evaluate and consider joint custody subject to the provisions of this chapter. The judge shall ensure compliance with parenting plans and joint custody agreements, upon petition of a party.
None of the provisions of this section shall be construed as compelling the court to issue an order for joint custody. In those cases in which it is proven that one of the parents lacks the capacity to be awarded the same, the courts, acting in benefit of the best interests of the minors, shall not award joint custody. However, courts shall be observant of any frivolous and baseless action from any of the parents directed to preventing the other parent from enjoying joint custody when having the capacity to do so.
History —Nov. 21, 2011, No. 223, § 4.
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 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3183 - Duty of the judge

At the court hearing in cases of divorce, dissolution, or separation of an unmarried couple where a minor is involved, the judge shall:
(1) Ascertain that counsel for the respective parties have advised them on the different rights, duties, and responsibilities entailed by the various types of custody that exist under the law.
History —Nov. 21, 2011, No. 223, § 5.
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 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3184 - Agreements

If the parties agree to joint custody, they shall proceed to file a written agreement with the court. In those cases where both parties or one of them does not have legal representation, or even having it, have been unable to reach an agreement as to the form and manner in which joint custody shall be established, the parties shall be referred to the mediation program of the court or to a certified mediator in the private practice with knowledge on human conduct to assist the parties in the preparation of an agreement on joint custody, shared responsibility and legal custody. In the case that both parents of the minor agree to joint custody and reach an agreement to such effects, the judge shall consider the same and, if approved after determining, in his/her judgment, that said agreement is in the best interests of the minor, the judge shall follow the subsequent judicial proceedings based on such agreement. If the judge does not agree with the terms of the agreement, he/she may order what he/she deems pertinent in order to adjust said agreement to the best interests of the minor. However, if one of the parties does not agree or wishes to have sole custody of the minor, the judge shall continue with the proceedings in accordance with the provisions of §§ 3184-3187 of this title.
History —Nov. 21, 2011, No. 223, § 6.
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 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3185 - Criteria to be considered when awarding custody

When considering a petition for custody where disputes arise between the parties thereto, the court shall refer the case to a family relations social worker, who shall conduct an evaluation and submit a report with recommendations to the court. Both, the social worker when conducting the evaluation and the court when making a ruling, shall consider the following criteria:
(1) The mental health of both parents, as well as that of the child or children whose custody is to be awarded.
(2) The level of responsibility or moral integrity shown by each parent and if there has been a history of domestic abuse between the components of the family unit.
(3) The capability of each parent to satisfy the emotional, financial, and moral needs of the minor, both present and future.
(4) The background of each parent with respect to their children before the divorce, dissolution, or separation of an unmarried couple, as well as thereafter.
(5) The specific needs of each of the minors whose custody is in dispute.
(6) The interrelation of each minor with his/her parents, siblings, and other family members.
(7) The fact that the decision is not the result of recklessness or coercion.
(8) Whether the parents have the capability, will, and resolve to assume the responsibility of raising their children jointly.
(9) The real reasons and objectives for which the parents have requested joint legal and physical custody.
(10) If the profession, occupation, or trade of the parents shall prevent the agreement from being carried out effectively.
(11) If the location and distance between both parents’ homes would affect the education of the minor.
(12) The existing communication between the parents and their capability to communicate directly or using alternative mechanisms.
(13) Any other valid or pertinent criterion that should be considered to guarantee the best interests of the minor.
History —Nov. 21, 2011, No. 223, § 7.