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 IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2915 - Determination of compensation; prevention of speculation

In case of the purchase or condemnation of private property for purposes of public utility or social benefit, the compensation shall be based on the reasonable value in the market of such property, without including any increase due to well-founded and reasonable expectation that the property acquired, or other property similar thereto, or situated within the locality where the former is situated, may now or later be required for public use or social benefit, or be necessary for some use to which it can be applied only by the Commonwealth of Puerto Rico or any agency or instrumentality thereof with power for the condemnation of private property.
In case of the sale or condemnation of the private property to which the preceding paragraph refers, the compensation shall likewise not include any new increase by reason of the public improvements or expenditures made in the locality by the Commonwealth of Puerto Rico through any of its executive departments, agencies or instrumentalities.
History —Apr. 26, 1946, No. 479, p. 1402, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2916 - Condemnation for benefit of municipalities

The Governor of Puerto Rico is hereby empowered to acquire by condemnation proceedings on behalf and in representation of the Commonwealth of Puerto Rico, and for the use and benefit of any municipality of Puerto Rico, and if the Governor of Puerto Rico so deems it advisable, any properties or rights which the municipal legislatures, may through an ordinance to that effect, determine to be advisable, necessary and useful for the municipal purposes for which they were created.
History —May 5, 1950, No. 220, p. 560, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2917 - Condemnation for benefit of municipalities—Approval of ordinance; request to Governor

Upon approval by the corresponding municipal legislature of the ordinance provided for in the preceding section the mayor of the respective municipality, shall request the Governor of Puerto Rico to file the proper condemnation proceedings.
History —May 5, 1950, No. 220, p. 560, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2918 - Condemnation for benefit of municipalities—Declaration of taking; payment of compensation

The provisions of §§ 2907 and 2908 of this title shall be applicable in any condemnation proceedings filed by the Governor of Puerto Rico under the authority conferred upon him by §§ 2916-2920 of this title.
History —May 5, 1950, No. 220, p. 560, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2919 - Condemnation for benefit of municipalities—Title to property; reimbursement by municipality

In all condemnation proceedings filed by the Governor of Puerto Rico under the provisions of §§ 2916-2920 of this title, and for the ends and purposes hereof, the title to the properties or rights the objects of such proceedings shall vest in the Commonwealth of Puerto Rico, and the latter shall have power to withhold same until the proper municipality shall pay to the Commonwealth of Puerto Rico any sums of money which the latter may have paid by virtue of such condemnation proceedings; Provided, That the Governor of Puerto Rico is hereby empowered to execute the corresponding public documents for the conveyance in due course, of title to the property in question to the corresponding municipality.
History —May 5, 1950, No. 220, p. 560, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2920 - Condemnation for benefit of municipalities—Declaration of public utility

There are hereby declared of public utility any properties or rights which the municipal legislatures may, through an ordinance adopted for the purpose, determine to be advisable, useful, or necessary for its municipal purposes; Provided, That should the Governor of Puerto Rico not deem it advisable to file the condemnation proceedings requested, the provisions of §§ 2916-2920 of this title declaring said properties or rights of public utility shall not be applicable thereto for the specific public purpose for which the aforesaid ordinance declared them advisable, necessary and useful in the form and manner aforesaid, and for which ends and purposes the Governor of Puerto Rico was requested to file the proper proceedings.
History —May 5, 1950, No. 220, p. 560, § 5.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2923 - Reservation of privately owned real estate for public use—Statement of purposes

It it hereby declared as the public policy of the Commonwealth of Puerto Rico that the costs of providing lands for public uses be distributed among their private owners and the citizenry in general, which in the end are the beneficiaries of all government public works. For such purposes it is necessary to adopt some uniform and consistent norms in any determination on the assignment of costs and benefits, especially those related to the criteria and terms used to determine when the costs to the proprietor go beyond the benefits to society. It is also necessary to establish a distinction between the concepts encumbrance, dedication, and reserve, in order to facilitate their interpretation and achieve an efficient application of §§ 2923-2927 of this title.
History —June 26, 1987, No. 46, p. 165, § 1.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2924 - Reservation of privately owned real estate for public use—Definitions

The following terms shall have the following meaning:
(1) Encumbrance.— Means that the denial of all productive use of a property exclusively due to a proposal to locate a public transportation road through it, pursuant to a transportation or highway plan, adopted by the Planning Board, or because the lands have been destined for public use in a zoning map, or land-use plan, or because the Planning Board has approved the development of a public project on said lands or property.
(2) Dedication.— Means the transfer of land, free of charge, to the Commonwealth of Puerto Rico or its bodies or instrumentalities for public use, and could be part of the conditions for the approval of a project.
(3) Reserve.— Signifies the determination or act of a competent government body through which private lands are set aside for public purposes.
History —June 26, 1987, No. 46, p. 166, § 2.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2925 - Reservation of privately owned real estate for public use—Criteria to determine encumbrance

In order to determine the encumbrance of lands, the following criteria shall be taken into account:
(a) That the encumbrance of the lands does not benefit the landowners in any way.
(b) The denial of all productive use in an area greater than twenty percent (20%) of the piece of land, taking into consideration the total area of the original piece of land, pursuant to the definition of encumbrance established by § 2924 of this title.
(c) The encumbrance on the property represents additional limitations to the development of the remainder of the original piece of land.
(d) That the intrinsic characteristics of the lands, such as floodability, topography, high agricultural productivity, capacity of the infrastructure and their zoning allow the proposed use or development.
(e) The nature of the public improvements which requires paralyzing the use of the land.
(f) Its priority within the public improvements program.
History —June 26, 1987, No. 46, p. 166, § 3.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2926 - Reservation of privately owned real estate for public use—Maximum term

The term of eight (8) years, counting from the date of encumbrance, is hereby established as the period during which any privately owned land may be encumbered as a result of their being reserved for public purposes or use.
This term shall be counted from the date on which all productive use of the land is denied.
History —June 26, 1987, No. 46, p. 166, § 4.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART IV - Condemnation of Private Property (§§ 2901 — 2927) › Chapter 239 - General Provisions (§§ 2901 — 2927) › § 2927 - Reservation of privately owned real estate for public use—Requirements for release

Once the term established by § 2926 of this title has elapsed, the owner of the encumbered property may request in writing, by certified mail, that the agency in charge of building the public works that led to the reserve and encumbrance of the lands purchase the property within the following ninety (90) days, counting from the date of receipt of the request. Once that term has elapsed, if the agency has not purchased the property, the owner may require the agency whose action affected the land to release them from any prohibition imposed by virtue of the encumbrance.
In the event that the Commonwealth subsequently needs to take the property for a public purpose, the Commonwealth shall purchase it through negotiation or a condemnation procedure.
History —June 26, 1987, No. 46, p. 166, § 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 243 - Administration Property of Absent Persons (§ 2951) › § 2951 - Appointment of administrator of property of absent person

The appointment of administrator of the property of an absent person shall be made in such cases, in such form, and under such obligations as provided by §§ 131-141 of Title 31. The petitioner shall set forth in his application and under oath the existence of such circumstances as, according to law, are required for such appointment.
History —Code Civil Proc., 1933, § 617.
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 245 - Temporary Maintenance (§ 2971) › § 2971 - Procedure on claims for temporary maintenance

All claims for temporary maintenance shall be governed by the procedure provided for actions of unlawful detainer. An appeal lies against a judgment rendered in this class of actions. But such appeals shall not be an obstacle to the execution of the judgment.
History —Code Civil Proc., 1933, § 618.
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 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3035 - Definitions

The following terms, when used or referred to in this chapter, shall have the following meanings, respectively, unless it clearly arises otherwise from the text:
(a) Government.— Is the Government of the Commonwealth of Puerto Rico.
(b) Registry.— Is the Commonwealth of Puerto Rico Civil Suits Registry, which shall comprise all judicial cases of a civil nature filed by and against the Government, and its government entities, as defined in this chapter, as well as all complaints against government officials in their personal nature that are related to the performance of their official functions.
(c) Government entity.— Is every agency, department, public corporation and its subsidiaries, offices, administrations, commissions, governing boards, administrative units, municipalities, consortiums, and municipal corporations, and any other unit of the Executive, Legislative and Judicial Branches.
(d) Secretary.— Is the Secretary of the Department of Justice.
History —Jan. 1, 2003, No. 1, § 2, eff. 180 days after Jan. 1, 2003.
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 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3036 - Creation

The creation of a registry of lawsuits is hereby directed [sic] attached to the Department of Justice, which shall be accessible to the general public. This registry shall be of prospective nature and shall include all claims of civil nature filed by and against the Government, and its government entities, and which amounts exceed five thousand dollars ($5,000) or that constitute an injunction or mandamus proceeding, as well as all lawsuits against government officials in their personal nature and that are related to the performance of their duties, filed as of the effectiveness of this act.
History —Jan. 1, 2003, No. 1, § 3, eff. 180 days after Jan. 1, 2003.
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 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3037 - Contents

This Registry shall contain the following information:
(a) Case number.
(b) Parties to the case.
(c) Names of the legal representatives of both parties.
(d) Causes of action.
(e) Amounts claimed.
(f) Amount adjudicated or agreed on.
(g) Judicial provisions regarding the case.
(h) Date of the final resolution of the case.
History —Jan. 1, 2003, No. 1, § 4, eff. 180 days after Jan. 1, 2003.
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 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3038 - Notification

(a) The official in charge of a government entity of the Commonwealth of Puerto Rico or the official designated by him/her, shall have the obligation to notify the Secretary of all claims of a civil nature filed before a court, by or against said government entity, or against him/her in his/her personal nature related to the duties of his/her office, and which amounts exceed five thousand dollars ($5,000) or constitute an injunction or mandamus proceeding, by submitting a copy of the lawsuit and the subpoena and clearly stating the date, cause and nature of the action, amount claimed, the name of the parties, name and bar association number of the participating counsels. The said written notice shall be presented to the Secretary within thirty (30) days following the date the summons is received.
(b) Upon the conclusion of the case, the official in charge of a government entity, or the official designated by him/her, shall have the obligation to serve the Secretary with a copy of the judgment or transaction agreement and shall notify, in writing, in a clear and concise manner, the date of notice of the judgment or of the transaction agreement and the amount adjudicated or agreed. Said written notice shall be presented to the Secretary within the sixty (60) days following the approval of the transaction agreement or the notice of filing of the copy of the lawsuit in the record.
(c) If the case is appealed, the official in charge of a government entity of the Commonwealth of Puerto Rico or the official designated by him/her, shall have the obligation to notify the Secretary of said procedure within the thirty (30) days following the date said recourse is received. This date shall be stated in writing and by the certification signed by the person who receives said document.
History —Jan. 1, 2003, No. 1, § 5, eff. 180 days after Jan. 1, 2003.
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 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3039 - Availability

The Registry shall be public and shall be electronically available in the Department of Justice and through the Internet.
History —Jan. 1, 2003, No. 1, § 6, eff. 180 days after Jan. 1, 2003.
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 250 - Puerto Rico Civil Suits Registry (§§ 3035 — 3040) › § 3040 - Budget

The funds for the operation of this Registry shall proceed from the budget of the Department of Justice.
History —Jan. 1, 2003, No. 1, § 8, eff. 180 days after Jan. 1, 2003.
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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3074 - Taxpayer’s suit prohibited

The action known in equity as “taxpayer’s suit” is hereby prohibited.
History —Feb. 25, 1946, No. 2, p. 6, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3075 - Taxpayer’s suit prohibited—Jurisdiction of courts

No court of Puerto Rico shall have jurisdiction to take cognizance, or, if an action has been already instituted, continue to take cognizance, whether in first instance or on appeal, of any action or proceeding in which the validity or constitutionality of any Act or Resolution of the Legislature of Puerto Rico, or any act of a public official authorized by law of the Legislature of Puerto Rico, is challenged, when the plaintiff alleges in such action or proceeding no other interest or other capacity to sue, than that of being a taxpayer or of representing taxpayers as a class, and that as such, he sustains or may sustain damages by virtue of said Act, Resolution, or act.
History —Feb. 25, 1946, No. 2, p. 6, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3076 - Taxpayer’s suit prohibited—Effect on other laws

The provisions of §§ 3074-3076 of this title shall not prejudice in any manner the right of any taxpayer to the remedies provided for in the tax laws in force in Puerto Rico; in the Act which creates the Tax Court of Puerto Rico; and in Act Apr. 25, 1931, No. 47, of this title, provided the actions established under said law are not in conflict with the provisions of §§ 3074-3076 of this title; Provided, That no writs of injunction or restraining orders shall be issued in violation of the provisions of §§ 3074-3076 of this title in any proceedings brought under said law of this title.
History —Feb. 25, 1946, No. 2, p. 6, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3077a - Claims and suits against the Commonwealth—Notices

(a) Every person who has a claim of any kind against the Commonwealth of Puerto Rico for damages to persons or property, caused by a culpable or negligent act of said Commonwealth, shall present to the Secretary of Justice a written notice stating in a clear and concise manner, the date, place, cause and general nature of the damages suffered, the names and addresses of witnesses, and the address of the claimant, and the place where he received first aid medical treatment.
(b) Said notice shall be delivered to the Secretary of Justice by registered mail or personally, or in any other authentic way recognized by law.
(c) The said written notice shall be presented to the Secretary of Justice within the ninety (90) days following the date in which the claimant became aware of the damages claimed. If the claimant is mentally or physically incapacitated for making said notice within the prescribed term, he shall not be subject to the above limitation but must serve said notice within the thirty (30) days following the date in which the incapacity ceases.
(d) If the aggrieved were a minor, or a person subject to guardianship, the person exercising the patria potestas or custody of the minor, as the case may be, shall be bound to notify the claim within the ninety (90) days following the date in which he became aware of the damages claimed. The foregoing shall not be an obstacle for the minor or person subject to guardianship to serve said notice within the prescribed term on his own initiative, if the person exercising the patria potestas or custody, or guardianship, fails to do so.
(e) No judicial action of any kind may be brought against the Commonwealth of Puerto Rico for damages caused by a culpable or negligent act of the Commonwealth, unless the written notice has been served in the form and manner and within the terms prescribed in this section, unless there is just cause therefor. This provision shall not be applicable to those cases in which the liability of the Commonwealth is covered by an insurance policy.
(f) This section shall not modify in any way, for those claimants who fulfil its provisions, the statute of limitation established by subsection (2) of § 5298 of Title 31.
History —June 29, 1955, No. 104, p. 550, added as § 2A on June 24, 1966, No. 121, p. 377, § 1, eff. 90 days after June 24, 1966.
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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3078 - Claims and suits against the Commonwealth—Counterclaims, intervention, and third-party proceedings

The authorization herein granted includes that necessary for taking cognizance of any counterclaim, reciprocal claim or other pertinent plea which the Commonwealth may enter in its own defense, and it also includes the proceedings of intervention and of third-party litigants, for or against the Commonwealth, whether on petition of the latter or of other litigant.
History —June 29, 1955, No. 104, p. 550, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3079 - Claims and suits against the Commonwealth—Taxes, condemnation, and other special proceedings; agencies, instrumentalities, and public corporations

Nothing in §§ 3077-3092a of this title and § 5142 of Title 31 shall affect actions on recovery or reimbursement of taxes, on condemnations, or on any other matter covered by specific legislation, which actions shall continue to be conducted under the laws applicable. The provisions of such sections shall also apply to those agencies, instrumentalities, and independent public corporations whose power to sue and be sued is not provided by other laws.
History —June 29, 1955, No. 104, p. 550, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3080 - Claims and suits against the Commonwealth—Procedure

The summons and all subsequent proceedings shall be governed by the provisions of the Rules of Civil Procedure except that in every case the Secretary of Justice shall also be summoned at the start of the action.
History —June 29, 1955, No. 104, p. 550, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3081 - Claims and suits against the Commonwealth—Unauthorized activities

Nothing that is provided in §§ 3077-3092a of this title shall authorize suits for damages against the Commonwealth for any act or omission of an official, police officer or employee:
(a) In enforcing a law or regulation, even if the said law or regulation proves to be invalid.
(b) In the discharge of a function of a discretional nature, even when there has been an abuse of discretion.
(c) In the levying and collecting of taxes.
(d) Which constitutes assault, battery, or any other offense against the person, unlawful imprisonment, unlawful arrest, malicious persecution, slander, libel, defamation, misrepresentation, or imposture.
(e) Which occurred outside the territorial jurisdiction of the Commonwealth.
(f) In the performance of combat operations of the air, naval, or military forces in times of war, invasion, rebellion or any other emergency duly declared as such by the pertinent authorities. Provided, That the Commonwealth shall enjoy the same immunity granted by this section for combat operations of the air, naval, and military forces of Puerto Rico, specifically including, but without it being limited thereto, the Puerto Rico National Guard, when these forces are partially or entirely mobilized or used by the pertinent authorities to act in support of public security forces, specifically including, but not limited to, the Puerto Rico Police, in operations to fight crime and drug trafficking, or to maintain or reestablish public safety whenever it is jeopardized for any reason, including, but not limited to, crime and drug trafficking.
(g) In the performance of unofficial work by members of the police force, even though they are authorized by the Superintendent of Police; where the Commonwealth has not been negligent, pursuant to the powers conferred on him/her by § 3101 et seq. of Title 25.
History —June 29, 1955, No. 104, p. 550, § 6; July 31, 1993, No. 36, § 1; Dec. 10, 1999, No. 337, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3082 - Claims and suits against the Commonwealth—Satisfaction of judgments; claims exceeding specified amounts

The Commonwealth shall promptly settle any judgment against it up to the maximum set forth in § 3077 of this title. If the judgment involves the payment of a sum of money and it is not possible to do so because there are no funds for such purpose in the current budget, the proper appropriation of funds for payment thereof shall be made in the part of the general budget of expenses for the following year, for the pertinent department or agency.
History —June 29, 1955, No. 104, p. 550, § 7; Sept. 25, 1983, No. 30, p. 434, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3083 - Claims and suits against the Commonwealth—Statute of limitation; interest; punitive damages; costs; actions to which applicable; compromise; effect of judgment

The statute of limitations fixed in the applicable laws shall prevail for the actions authorized herein. A judgment against the Commonwealth shall in no case include the payment of interest for any period prior to the judgment nor grant punitive damages. The levying of costs shall be governed by regular procedures. The Commonwealth may, with the approval of the court, settle any claim against it, once the action has been instituted.
The judgment entered in any action authorized by §§ 3077-3092a of this title shall preclude any other action on the part of the claimant by reason of the same issue or matter against the official, agent, or employee whose act or omission gave rise to the action; and a judgment against the official, agent, or employee shall, likewise, preclude any action against the Commonwealth.
History —June 29, 1955, No. 104, p. 550, § 8; June 11, 1957, No. 30, p. 59; Sept. 25, 1983, No. 30, p. 434, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3084 - Claims and suits against the Commonwealth—Small claims, administrative approval of

Any action against the Commonwealth for a sum not in excess of one thousand (1,000) dollars may be approved administratively after the due investigation and favorable recommendation of the executive head of the pertinent department or agency, with the approval of the Secretary of Justice and the Secretary of the Treasury, who are hereby authorized to promulgate rules and forms for the administrative handling of such claims.
History —June 29, 1955, No. 104, p. 550, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3085 - Suits against Commonwealth officers and employees

Every official, ex-official, employee or ex-employee of the Commonwealth of Puerto Rico who is sued for damages in his personal capacity, when the cause of action is based on alleged violations of the plaintiff’s civil rights, due to acts or omissions committed in good faith, in the course of his employment and within the scope of his functions, may request the Commonwealth of Puerto Rico to provide him with legal representation, and to subsequently assume the payment of any judgment that may be entered against his person. The Executive Directors, former Executive Directors, members and former members of the governing boards of public corporations and Government instrumentalities, mayors and former mayors and officials and former officials of the municipalities, as well as the members and former members of the Municipal Police Corps of the different ranks, shall be covered by what is hereby provided, except for the payment of judgments, which shall be governed by the provisions of § 3092 of this title. Any action brought under the provisions of §§ 3077-3092a of this title shall not be covered by the provisions of this section.
Likewise, these provisions shall not be construed, for any reason whatsoever, as making the Commonwealth an insurer of the aforesaid public servants, nor as a waiver of the sovereign immunity of the Commonwealth.
History —June 29, 1955, No. 104, p. 550, added as § 12 on Nov. 26, 1975, No. 9, p. 953, § 1; July 21, 1977, No. 12, p. 564, § 1; July 10, 1986, No. 113, p. 358, § 1; July 30, 1999, No. 177, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3086 - Legal representation by Secretary of Justice

Every official, ex-official, employee or ex-employee wishing to be covered by the provisions of § 3085 of this title shall:
(a) Apply in writing for legal representation to the Secretary of Justice stating the facts before making any plea; Provided, That in cases where it be indispensable to make such plea to safeguard his rights or interests and it has had to be filed within five (5) days after the summons, the defendant may apply for legal representation to the Secretary of Justice following the responsive plea but within the ten (10) days following the summons. The Secretary of Justice may allow exceptions to this norm when there are reasons justifying it.
(b) Cooperate in good faith with the Secretary of Justice in the investigation he may undertake of the facts alleged in the complaint and cooperate likewise during all subsequent judicial proceedings.
History —June 29, 1955, No. 104, p. 550, added as § 13 on Nov. 26, 1975, No. 9, p. 953, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3087 - Determination of legal representation; judicial review

The Secretary of Justice shall determine in which cases the Commonwealth shall assume legal representation and, subsequently, after considering the findings of the court or which arise from the evidence presented, he shall determine whether it is in order to pay the full judgment imposed on the public officials, ex-officials, employees or ex-employees sued, pursuant to the provisions of §§ 3085-3092a of this title.
Nevertheless, if before acting or failing to do so, the official, ex-official, employee or ex-employee requested the Secretary of Justice to render an Opinion to such effects and his action or omission was performed according to the terms thereof, the Commonwealth may not deny or withhold legal representation from such persons or refuse the total payment of the judgment imposed.
The Secretary of Justice shall notify the decision to provide legal representation within thirty (30) days after having received the corresponding petition.
The petitioner may file a petition for review of an adverse decision of the Secretary of Justice before the Court of First Instance within fifteen (15) days following receipt of the notice.
After the petition for review is filed, if the writ is issued to that effect, it shall be the duty of the Secretary of Justice to refer the record of the case, within fifteen (15) days following the issuance of the writ. The review before the Court of First Instance shall be limited exclusively to questions of law.
In order to protect the defendant’s right to a timely appearance in court, the Secretary of Justice may request additional time to make a determination on the petition presented to him.
History —June 29, 1955, No. 104, p. 550, added as § 14 on Nov. 26, 1975, No. 9, p. 953, § 1; July 21, 1977, No. 12, p. 564, § 1; July 10, 1986, No. 113, p. 358, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3087a - Misrepresentation in the request

If during the course of the suit it is made known to the Secretary of Justice, by clear and convincing proof, that any of the persons sued to whom legal representation was granted by the Commonwealth lied about material facts in his request for representation or during the investigation held to determine whether it would be granted or not, or knowingly concealed pertinent evidence or information, the Secretary shall notify his fully grounded intention of withdrawing said representation and shall advise him of his right to resort to the Court of First Instance with an appeal for review.
The petitioner may file a petition for review of an adverse decision of the Secretary of Justice to withdraw his legal representation before the Court of First Instance within fifteen (15) days following receipt of the notice.
After the petition for review is filed, if the writ is issued to that effect, it shall be the duty of the Secretary of Justice to continue representing him through lawyers in private practice who shall be selected upon prior agreement between the petitioner and the Secretary of Justice. Said legal representation shall continue until the court’s decision is final and binding.
In case the court’s decision is adverse for the petitioner, he shall be obliged to refund all of the expenses incurred in his representation to the Commonwealth, including those incurred in filing the appeal for review.
History —June 29, 1955, No. 104, p. 550, added as § 14A on July 10, 1986, No. 113, p. 358, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3088 - Acts or omissions not included

The provisions of §§ 3085-3092a of this title shall not cover the following acts or omissions incurred by an official, ex-official, employee or ex-employee:
(a) When such acts or omissions constitute a crime.
(b) When they occur outside the scope of his official functions.
(c) When inexcusable negligence intervenes.
(d) When a different state of law has been established jurisprudentially by a final and binding judgment.
History —June 29, 1955, No. 104, p. 550, added as § 15 on Nov. 26, 1975, No. 9, p. 953, § 1; July 10, 1986, No. 113, p. 358, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3089 - When Secretary of Justice is defendant applicant

If the Secretary of Justice is defendant applicant, the Governor of Puerto Rico, with the advice of the Attorney General, shall act in his stead with respect to the determinations appertaining to him pursuant to §§ 3085-3092a of this title.
History —June 29, 1955, No. 104, p. 550, added as § 16 on Nov. 26, 1975, No. 9, p. 953, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3090 - Payment of cost of legal representation

Every respondent covered by the provisions of §§ 3085-3092a of this title who applies to the Commonwealth for legal representation may be represented in the suit by attorneys from the Department of Justice or by attorneys in private practice upon authorization of the Secretary of Justice. In these cases, the Commonwealth shall defray the reasonable cost of said legal representation from a special fund created for this purpose. The Commonwealth may recover expenses, costs and attorney’s fees and the amounts so recovered shall be covered into the Treasury of Puerto Rico into the same special fund.
When two (2) or more officials who are defendants in a same legal suit apply for the Commonwealth’s legal representation and have interests that may result contradictory, the Secretary of Justice may authorize that any or all of them be represented by attorneys in the private practice, the cost to be met as provided in the preceding paragraph.
History —June 29, 1955, No. 104, p. 550, added as § 17 on Nov. 26, 1975, No. 9, p. 953, § 1; July 10, 1986, No. 113, p. 358, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3091 - Regulation

The Secretary of Justice shall prepare a regulation for the enforcement of the provisions of §§ 3085-3092a of this title, which shall take effect once the requirements of Act June 30, 1957, No. 112 are fulfilled.
History —June 29, 1955, No. 104, p. 550, added as § 18 on Nov. 26, 1975, No. 9, p. 953, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3092 - Funds for payment of legal representation; mayors and ex-mayors

The Secretary of Justice shall notify the Secretary of the Treasury of his determination regarding the payment, on the basis of the provisions of §§ 3085—3092a of this title. The Secretary of the Treasury shall pay the judgments, costs and attorney’s fees imposed on the defendants from available funds in the Treasury of Puerto Rico.
All the provisions of §§ 3077—3092a of this title, shall apply to the Executive Directors, former Executive Directors, the members and former members of the governing boards of public corporations and Government instrumentalities, the mayors and former mayors, and officials and former officials of the municipalities, as well as the members and former members of the Municipal Police Corps of its various ranks, except that the costs that they face with regard to said judgments, costs, fees, and expenses incurred by the Commonwealth in their legal representation shall be defrayed from available funds in the corresponding corporations and instrumentalities of the Government or municipality that represents or represented the respondent in question. In case the affected Government corporation or instrumentality, or municipality, does not have the necessary funds available to defray said amount, the Commonwealth shall make payment thereof. The Government corporation or instrumentality, or the municipality, shall subsequently reimburse said amount as the Secretary of the Treasury may determine with the advice of the Governing Board of the Government corporation or instrumentality, or the Municipal Legislature of the municipality.
The budgetary expenditures in terms of legal representation, as well as the payment of judgments, costs and attorney’s fees, which the aforesaid sections entail, shall not constitute an additional compensation for the public servants covered by said provisions.
History —June 29, 1955, No. 104, p. 550, added as § 19 on Nov. 26, 1975, No. 9, p. 953, § 1; July 21, 1977, No. 12, p. 564, § 1; July 10, 1986, No. 113, p. 358, § 5; July 30, 1999, No. 177, § 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 251 - Actions Against the Commonwealth of Puerto Rico (§§ 3061 — 3092a) › § 3092a - Representation of spouse and conjugal partnership

When the spouse or the legal joint community property of the person to whom the Secretary granted legal representation is included as a party in the suit, and they do not appear in court to protect their rights, the attorney designated by the Department of Justice may assume their representation by request of the official or ex-official sued.
History —June 29, 1955, No. 104, p. 550, added as § 19A on July 10, 1986, No. 113, p. 358, § 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 252 - Civil Action Claims (§§ 3095 — 3100) › § 3095 - Definitions

For the purposes of this chapter, the following words and phrases shall have the meaning stated below:
(1) Competent forum.— Every court with legal authority in the Commonwealth of Puerto Rico, at the federal, state level or of any other jurisdiction of the United States of America.
(2) Natural person.— Any person defined as such in any applicable law, including the Civil Code of Puerto Rico, and including but not limited to every president, vice president, director, executive director, or every member of a board of officials or a board of directors, or a person who performs equivalent functions.
(3) Juridical person.— Includes corporations, professional corporations, civil and mercantile partnerships, special partnerships, cooperatives and any other entity defined as such in any applicable law, associations, partnerships or de facto corporations, including those constituted for these purposes by an alter ego of the juridical person or subsidiaries thereof.
(4) Immediate economic damage.— Refers to the quantification, in its monetary equivalent, of the damages produced by the defendant through a negligent, culpable or illegal act or omission dealt with in this chapter, while propitiating the consummation of the illegitimate objective.
(5) Negligent act or omission.— For the effects of this chapter, shall mean the gross deviation from the standards of care that a prudent and reasonable person should exercise if found in the place of the defendant.
History —June 13, 2001, No. 36, § 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 252 - Civil Action Claims (§§ 3095 — 3100) › § 3096 - Initiating the claim

It is hereby provided that the Commonwealth of Puerto Rico, through the Secretary of Justice, may file before the Court of First Instance of the Commonwealth of Puerto Rico, civil actions against any natural or juridical person that has incurred in negligent, culpable or illicit acts or omissions that impair the public treasury, in order to claim that it be awarded a monetary compensation of up to three (3) times the compensation determined for the immediate economic damage caused to the public treasury by said conduct. Said claim shall be subject to the reasonable evaluation of the prudent judge that shall take into account the corrective and dissuasive nature of the cause of action authorized in this chapter.
History —June 13, 2001, No. 36, § 2.