(a) Every person who alleges a violation to the provisions of § 612 of this title may file a civil action in the Court of First Instance within a period of three (3) months counting from the date in which the damage was caused or since the affected person came into knowledge of said fact and of the person who caused it. The affected person may request compensation for the real damages suffered, mental anguish, as well as for the other benefits he/she has failed to receive. Said person shall also be entitled to reimbursement for attorney fees.
Provided, however, That if the sentence is final and binding and confirms the veracity of the allegations based on the provisions of this chapter, it shall correspond to the defendant party to assume the payment thereof from his/her own peculium.
(b) The person may prove violation to his/her rights through direct or circumstantial evidence. On the other hand, he/she may establish a prima facie case of violation to the provisions of this chapter by proving that he/she cooperates or cooperated with any investigation on government corruption that affected a person with whom the defendant has any tie or direct or indirect relationship, and was subsequently dismissed, harassed, discriminated against, threatened or that his/her rights, benefits or protections were suspended. Once the foregoing has been established, the defendant may allege and set forth the grounds of the fact that that [sic] he/she was not the person who caused the damage, or that in fact the alleged [damage] does not exist or that there was a legitimate reason for his/her actions. In the case the defendant presents attesting evidence to rebut the presumption of a violation to the provisions of this chapter, the aggrieved party shall demonstrate, with burden of proof, that the exculpatory defenses alleged by the defendant do not release him/her of responsibility.
(c) The granting of a remedy under this chapter does require exhaustion of administrative remedies.
History —Apr. 11, 2001, No. 14, § 4; Apr. 14, 2008, No. 39, § 1.