P.R. Laws tit. 32, § 2872

2019-02-20 00:00:00+00
§ 2872. Powers of magistrates

The magistrates are hereby empowered to intervene, investigate, consider and decide controversies provisionally at the request of an interested party, according to the procedure provided in this chapter.

This power comprises and embraces the following:

(a) Controversies over boundaries and rights of way, between neighbors that affect their relationship and the social order.

(b) Controversies in guardianship cases.— In these cases, child support allowances may be established provisionally according to the child’s needs and pursuant to the provisions of law that govern this matter.

(c) Provisional measures in cases of separation of legally married spouses, or persons living in concubinage, with respect to the possession and use of structures devoted to residential purposes, and those chattels listed and comprised in subsections (1), (2), (3), (4)(a), (5) and (6) of § 1130 of this title, which establishes the properties exempt from attachment.

(d) Controversies between lessors and lessees with respect to urgent improvements to properties devoted to residential purposes.

(e) Controversies between the owner of a work and the contractor, master builder or custodian with respect to the conditions, development of and compensation for the work not exceeding three thousand dollars ($3,000).

(f) Controversies between the owner of a motor vehicle and a mechanic, tinsmith, and painter, with respect to the retaining of the vehicle, conditions and compensation for the work performed.

(g) Controversies as to the warranty and repair of chattels between vendee and vendor that do not exceed three thousand dollars ($3,000).

(h) Any wage claim of a worker against his employer which does not exceed the amount of three thousand dollars ($3,000), or that arises from the employer’s actions or omissions in violation of the labor legislation, which prescribes nonmonetary compensation remedies, such as the strict compliance of a specific obligation or the ceasing of a specific practice.

(i) Controversies in cases of animal breeding in residential districts.

(j) Controversies in which the existence of disturbances is alleged which endanger the health or offend the senses or that obstruct the free use of property in such a way as to prevent the comfortable use of property, of the kind that give rise to actions under § 2761 of this title, known as the Disturbance or Nuisance Act.

(k) Controversies in which it is alleged that the father, mother or guardian of a child or disabled person does not fulfill the obligation of seeing to the welfare of the child or disabled person or his behavior in the community.

(l) Controversies over the custody of personal property, belonging to an estate, pursuant to the legal precepts governing this matter.

(m) Controversies in which physical or emotional abuse is alleged to have been committed by persons against their parents, tutors, guardians or those persons with whom they reside or on whom they depend. In these cases the court may issue provisional orders to protect the parents, tutors or guardians of the abusers or those persons with whom the abusers reside or on whom they depend. However, and according to the provisions established in the Judicature [Judiciary] Act of 1994, former §§ 22–23n of Title 4, when a minor is involved in the proceedings, the Court of First Instance shall be the court with competence to handle the matter and to furthermore provide a court-appointed attorney who shall provide the legal standing of the minor.

(n) [Repealed. Act Sept. 3, 2003, No. 243, § 3, eff. Sept. 3, 2003.]

(o) Controversies between health professionals or hospitals with their patients, or between parties with a legitimate interest, with regard to the delivery of patients medical files or records.

History —July 23, 1974, No. 140, Part 1, p. 650, § 2; June 24, 1977, No. 111, p. 280; May 8, 1979, No. 42, p. 97; June 3, 1980, No. 91, p. 249, § 1; Dec. 5, 1991, No. 92, § 7; Aug. 17, 1999, No. 263, § 1; Sept. 9, 2000, No. 402, § 10; Sept. 3, 2003, No. 243, § 1; Feb. 29, 2004, No. 70, § 1.