P.R. Laws tit. 21, § 4702

2019-02-20 00:00:00+00
§ 4702. Court of First Instance and Court of Appeals

(1) The Court of First Instance of Puerto Rico shall hear and resolve, with exclusivity, at the request of the injured party, over the following matters:

(a) Review any legislative or administrative action of any municipal official or organism that damages the constitutional rights of the claimants, or that is contrary to the laws of Puerto Rico.

(b) Stay the execution of any ordinance, resolution, agreement, or order of the Legislature, the mayor, or of any municipal official who damages the guaranteed by the Constitution of the Commonwealth of Puerto Rico, or state laws.

(c) To compel municipal officials to fulfill their ministerial duties.

(d) To resolve, by plenary action, the suits filed for damage claims for acts or omissions by officials or employees of a municipality do to malice, negligence or unexcusable ignorance.

In those cases contemplated under clauses (a) and (b) of this subsection, the legal action may only be filed within the twenty (20) days following the date in which the legislative or administrative action is performed, or that the ordinance, resolution, agreement, or order is notified by the mayor or authorized municipal official to the claimant in writing by means of copy and sent by regular and certified mail, unless otherwise disposed by law. It is hereby set forth that the term of twenty (20) days set forth in this subsection shall begin to elapse on the date in which said notification is deposited in the mail; and that same must include, but without limitation, the right of the injured party to resort to the Court of First Instance, Superior Court with jurisdiction; term for the appeal of the decision; date of filing in records of the copy of the notification, and from which date the term of prescription begins to elapse.

(2) The Court of Appeals shall review, with exclusivity, the final agreement or adjudication of the Bidding Board, which shall be notified in writing and by written copy sent to the affected party or parties by regular and certified mail. The review request shall be filed within the jurisdictional term of ten (10) days, starting from the date of deposit in the mail of the copy of the notification of the final agreement or adjudication. The notification shall include the rights of the affected party or parties to resort to the Court of Appeals for the judicial review; the term to appeal the decision; the date of filing in records of the copy of the notification, and from which date the term begins to elapse. The territorial jurisdiction shall be the Regional Circuit corresponding to the judicial region to which the municipality belongs.

History —Aug. 30, 1991, No. 81, § 15.002; Oct. 29, 1992, No. 84, § 91; Aug. 10, 1997, No. 67, § 2; Mar. 27, 2003, No. 99, § 1; Dec. 29, 2009, No. 213, § 2.