Esta ley enmienda la Regla 47 de las Reglas de Procedimiento Civil de 1979 para establecer un término de quince (15) días de estricto cumplimiento para notificar a las partes sobre una moción de reconsideración. El propósito es evitar confusiones procesales y asegurar la economía procesal al establecer claramente el plazo para la notificación, protegiendo a las partes de notificaciones tardías.
| (No. 268) | |
|---|---|
| (Approved November 16, 2002) |
To amend Rule 47 of the Rules of Civil Procedure of 1979, to establish a fifteen (15) days term of strict compliance to notify the parties of a motion for reconsideration.
Rule 47 of the Rules of Civil Procedure of 1979, deals with the judicial reconsideration proceeding, which is undoubtedly the most efficient medium for the trial court to modify its ruling. The main objective of a motion to reconsider is to give the court that rendered judgment or resolution the reconsideration of which is requested, an opportunity to amend or correct the mistakes it might have made in its ruling. See Lagares V. ELA, 97 T.S.P.R. 144 .
Rule 47 of 1958 was adopted as such, with small changes, in the Rules of Civil Procedure of 1979, which are in effect. Its only amendments were: (1) the term within which the instance court shall act, from five (5) to ten (10) days; and (2) instead of saying that within said term the court should deny outright the motion to reconsider or schedule a hearing to hear the parties, it was simply provided that the court should consider the motion within said term. However, it does not mention anything as to the term to notify the parties. This matter has caused procedural confusion and controversies that had to be clarified by the Supreme Court of Puerto Rico.
Our highest Judicial Forum has interpreted that, due to lack of legislation establishing a jurisdictional term to notify the parties of a motion of reconsideration, the same term for filing the motion in court shall be applied. It also concluded that said term imposed by the Supreme Court shall be of strict compliance, for which the judge may grant an extension of time upon just cause. Not so the jurisdictional term, such as for filing the motion to reconsider in court, that if not complied with, would inhibit the judge to resolve it as a fatal and non-extendable term. See Wurster Enterprises v. ARPE, 2001 T.S.P.R. 96, page 4; Jorge E. Martínez, Inc., v. Abijoe Realty Corp., 2000 T.S.P.R. 73; Rojas v. Axtmayer Enterprises, Inc., 2000 T.S.P.R. 46; Arriaga Rivera v. Fondo del Seguro del Estado, 98 J.T.S. 28, page 688. In other words, the Supreme Court establishes that the term to file is jurisdictional, and the term to notify is strict.
Full compliance with the terms and actions taken in the notifications, both to the court and to the parties, involves the governing principles of procedural economy, of a fair, fast and economic solution of the process. See Rule 1 of the Rules of Civil Procedure of 1979. On many occasions, by mistake or oversight, a party is not notified on time. The judge is forced, once the party is duly notified, to grant additional time to reply to the affected party, if such is the case. Obviously, this affects the diligence and consideration of the cases, thus affecting the judicial calendar and the procedural economy.
The purpose of this Act is to establish the term to notify the parties of a Motion for Reconsideration. Therefore, the party affected by a judgment shall have clearly established the term to notify the other parties. The party to be notified shall not be affected for a late notification, and the procedural economy of our system of justice is protected.
Section 1.- Rule 47 of the Rules of Civil Procedure of 1979 is hereby amended to read as follows: "Rule 47.- Reconsideration The party adversely affected by a decision, order or judgment of the Court of First Instance may, within fifteen (15) days after the notice of the decision or order or after filing a copy of the notice of judgment or order, file a motion for reconsideration of the decision, order or judgment. The court, within ten (10) days after such motion has been filed, shall take it under advisement. If denied outright, the term to appeal or file a petition for certiorari shall be deemed as never having been interrupted. If a determination is made upon its consideration, the term to appeal or to file a petition for certiorari with jurisdictional term before the Circuit Court of Appeals shall start from the date in which a copy of the notice of the decision of the court definitely passing upon the motion is filed in the record. On the other hand, if a determination is made in consideration of a motion for reconsideration, the term to file a petition for certiorari with a term of strict compliance before the Circuit Court of Appeals shall start from the date on which the notice of the decision of the court definitely passing upon the motion is served. Should the court fail to take action on the motion for reconsideration within ten (10) days after it has been filed, it shall be deemed to have been denied outright.
The motion for reconsideration shall be notified to the other parties in the case within the same fifteen (15) days established by this Rule to file the same in court simultaneously. The term to notify shall be of strict compliance.
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 268 (H.B. 1896) of the $4^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Rule 47 of the Rules of Civil Procedure of 1979, to establish a fifteen (15) days term of strict compliance to notify the parties of a motion for reconsideration, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $13^{ ext {th }}$ of August of 2004.
Elba Rosa Rodríguez-Fuentes Director