P.R. Laws Ap. tit. 34A, § II, Rule 221

2019-02-21 00:00:00+00
Rule 221. BAIL; SURETIES; JUSTIFICATION OF QUALIFICATIONS

Sureties not authorized to furnish bail in Puerto Rico must justify under oath taken before the magistrate granting bail, in all cases, that the assets offered as surety possess the qualifications provided in Rule 220. The magistrate shall examine the bondsmen under oath to determine if the property complies with the provisions of Rule 220 and shall draw up the minutes of the oral and documentary evidence offered.

In the event that bail is admitted with the securities offered, the court shall issue the corresponding writ, which shall be processed by the prosecutor, addressed to the property registrar in charge of the registration section in which the property offered as security is recorded, so that the lien imposed by the surety is recorded in the property registry and, consequently, shall have the same effects as a real mortgage right, although it shall not be necessary to appraise the property or properties for auctioning. The writ shall identify the property being encumbered and shall include all other information that could be necessary to achieve registration pursuant to the provisions of § 2001 et seq. of Title 30.

The registrar of deeds shall remit the registered surety document or any notice of defects found by mail. If the notice of registration indicates that the property does not meet the conditions of Rule 220, nor does it support the statements made under oath by the bailor, the prosecutor shall ask the court to revoke the bail and proceed according to law. When bail is cancelled, the court, by petition of the party, shall issue a new writ to the registry ordering that the lien be cancelled. The recording of bail shall be done by the property registrar free of charge.

History —July 9, 1986, No. 83, p. 266, § 1.