P.R. Laws tit. 32, § 3097

2019-02-20 00:00:00+00
§ 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.