P.R. Laws tit. 32, § 3524

2019-02-20 00:00:00+00
§ 3524. Cases in which prohibited

An injunction or restraining order cannot be granted:

(1) To stay a judicial proceeding which is being prosecuted at the time the action soliciting the injunction is filed unless the restraint is necessary to prevent a multiplicity of such proceedings or to avert depriving the petitioner of any right, privilege or immunity protected by the Constitution or the laws of the Commonwealth of Puerto Rico or by the Constitution or the laws of the United States of America applicable to persons under the jurisdiction of the Commonwealth of Puerto Rico; Provided, That upon issuing such order the Court shall consider the public interest involved, conclude that the petitioner has a real possibility of prevailing on the merits of his petition, and determine that the order is indispensable to prevent an irreparable damage to the petitioner. Said order shall have force only in the specific case before the court and between the parties.

(2) To stay proceedings in a court of the United States.

Provided, further, That upon issuing said order the court shall consider the public interest involved and conclude that the petitioner has a real possibility of prevailing on the merits of the petition. Said order shall have force only in the specific case before the court and between the parties.

(3) To restrain the application or enforcement of any statute of the Legislature of Puerto Rico or the performance by a public officer, a public corporation, or a public agency, or by any employee or officer of such corporation or agency of any act authorized by law of the Legislature of Puerto Rico unless it has been determined by final, firm, unappealable, and unreviewable judgment that such statute or act authorized by law is unconstitutional or invalid.

Any injunction, preliminary, permanent, or of the nature of a restraining order, including any order to enforce the jurisdiction of a court or to secure the enforcement of any judgment issued under the circumstances set forth in this subsection (3) and in force on the date this act takes effect or which may hereafter be issued, shall be null and ineffective.

Provided, however, That the court may issue said temporary restraining order, preliminary or permanent injunction subject to the terms of Rule 57 of Civil Procedure:

(a) In those cases where it is indispensable to make effective its jurisdiction and upon previous finding that the order is indispensable to prevent an irreparable damage to the petitioner;

(b) When in the petition it is pleaded that any person, under the authority of any law, ordinance or regulation of the Commonwealth of Puerto Rico, is depriving or is causing someone else to deprive the petitioner of any right, privilege, or immunity protected by the Constitution or the laws of the Commonwealth of Puerto Rico or by the Constitution or the laws of the United States of America applicable to persons under the jurisdiction of the Commonwealth of Puerto Rico.

(4) To restrain the breach of a contract a compliance with which would not be specifically required.

(5) To restrain the discharge in a legal manner of a public or private office by the person who is holding the same.

(6) To restrain a legislative act by a municipal corporation.

(7) To prevent the levying or collection of any tax levied by the laws of the United States or of Puerto Rico.

History —Code Civil Proc., 1933, § 678; Feb. 25, 1946, No. 1, p. 2, § 3; Aug. 8, 1974, No. 12, Part 2, p. 616.