Human remains may be exhumed, provided that, not less than five (5) years have elapsed since the interment, except under the following circumstances:
(1) When the human remains to be exhumed have been embalmed.
(2) When the Secretary of the Department of Health authorizes the exhumation at the request of federal or Commonwealth authorities due to compelling public, investigative, personal, or medical-legal needs.
(3) When the United States District Court for the District of Puerto Rico or the General Court of Justice of Puerto Rico issues an order therefor.
(4) When a municipal government intends to exhume various human remains due to compelling public needs. In such case, the mayor shall file a petition with the Secretary of the Department of Health, including the following:
(a) A certified copy of the ordinance or resolution from the Municipal Legislature, stating in detail the public need that warrants the proposed exhumation.
(b) The name of the deceased whose exhumation is proposed.
(c) A copy of the public notice published one (1) day of the first week of each month, for two (2) consecutive months, in a newspaper of general circulation in Puerto Rico. The public notice shall include the names of the deceased whose exhumation is proposed. In said public notice, any potentially affected persons shall be advised of the thirty (30)-day period from the date of the last publication during which a claim may be filed with the municipal government regarding the proposed exhumation.
(d) Photographs of the cemetery area where the exhumation shall take place.
History —Sept. 15, 2012, No. 258, § 10.02.