Esta ley enmienda el Artículo 207 del Código Político de 1902 para clarificar que la renuncia de un legislador se hace efectiva 15 días después de ser presentada, a menos que sea retirada dentro de ese plazo. El plazo de 15 días es final y no se extiende si el último día cae en un día feriado. La vacante ocurre después de los 15 días, a menos que el partido del legislador renunciante presente una recomendación para un sustituto dentro de ese término. La ley busca evitar controversias sobre la fecha de efectividad de las renuncias y proteger la legitimidad de los procesos legislativos.
(Approved September 15, 2004)
To amend subsection 2 of Article 207 of the Political Code of 1902 to clarify that regardless of the date of effectiveness of a resignation by a legislator, the office shall become vacant when fifteen (15) days have elapsed from tendering said resignation without it being withdrawn by him/her and that the fifteen (15) day term established to withdraw said resignation is terminal and nondeferrable, and therefore, if the last day falls on a holiday, the term shall not be extended into the following working day.
Article 207 of the Political Code of 1902 was amended by means of Act No. 73 of June 20, 1956. One of the main purposes of such amendment, in addition to reflecting the bicameral nature of our system, was to grant control to the legislative power over the resignation of the legislators. See, Diario de Sesiones [lit.: Journal of Sessions], May 2, 1956, p. 1003.
The legislative history of said amendment, as reproduced in the Journal of Sessions of the House of Representatives, reveals an extensive debate about the date of effectiveness of a resignation. While some legislators believed that a resignation should be effective when tendered, others thought that a term should be allowed for the resigning legislator to reconsider and withdraw said resignation. See, Journal of Sessions, supra; see also, López Muñoz v. Vizcarrondo Irizarry, 2003 T.S.P.R. 61.
For such purposes, an amendment was made to the bill under discussion; said amendment added a term of fifteen (15) days for the legislator to be able to withdraw the tendered resignation, unless the Party to which the resigning legislator belongs had submitted its recommendation for a substitute. See, Journal of Sessions, May 4, 1956, pp. 1034, 1036. Thus, the resigning legislator was given time to withdraw the resignation and so avoid making a decision that was not given proper thought. The legislative history clearly shows that a vacancy would ensue after fifteen (15) days have elapsed from the date the resignation was tendered, unless the central directive body of the party entitled to the office submits a recommendation for a substitute within said term.
Likewise, the legislative intent was for the term of fifteen (15) days to be terminal, that is, that regardless of whether the last day of the term falls on a holiday, the term would end on that day and would not be extended into the next working day. Ibid.
On the other hand, controversies have also arisen regarding the process of tendering a resignation and its date of effectiveness with respect to when the fifteen day term begins to count. The Supreme Court, in López Muñoz v. Vizcarrondo Irizarry, supra, established that the term begins from the date the resignation is tendered through a letter to the Presiding Officer of the either House or the Office of the Secretary or the Clerk, and not from the date on which the resigning legislator, unilaterally, establishes the same.
The intent of this Act is to clarify that the term for withdrawing a resignation begins to elapse from the time in which the presiding officer of the Legislative Chamber or the Office of the Secretary or the Clerk receives the letter of resignation and that such a term is terminal and nondeferrable. Therefore, clarifying said legislation prevents future controversies from
arising, thus protecting the legitimacy of the legislative processes.
Section 1.-Subsection 2 of Article 207 of the Political Code of 1902 is hereby amended to read as follows: "Article 207. Resignations from office must be in writing and made as follows: (1) By all officers appointed by the Governor, addressed to the Governor. (2) By all the members of the House of Representatives and the Senate of Puerto Rico, whether the Legislature is in session or not, addressed to the Presiding Officer of the Legislative Chamber to which the resigning legislator belongs, through the Office of the Secretary or the Clerk. Regardless of the date of effectiveness of the resignation, it shall be final and binding (1) after fifteen (15) days have elapsed since the date the resignation was tendered without being withdrawn. Once said fifteen (15) days have elapsed, the central directive body of the party entitled to fill the vacancy shall notify the appointment of the substitute to the presiding officer of the corresponding Legislative Chamber. Said term shall be terminal and nondeferrable. Thus, it shall not be extended into the next working day when the last day falls on a holiday. For such purposes, the corresponding Chamber shall make the necessary provisions to guarantee the full fifteen (15)-day term to the legislator that has tendered a letter of resignation to withdraw the same.
(3) By all municipal employees not appointed by the Governor, addressed to the municipal corporation of the respective municipality, except mayors, whose resignations shall be tendered to the Governor. (4) By all other appointed officers, addressed to the body or officer who appointed them. (5) In all cases not otherwise provided for, addressed to the Governor."
Section 2.-This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 287 (H.B. 4008) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsection 2 of Article 207 of the Political Code of 1902 to clarify that regardless of the date of effectiveness of a resignation by a legislator, the office shall become vacant when fifteen (15) days have elapsed from tendering said resignation without it being withdrawn by him/her and that the fifteen (15) day term established to withdraw said resignation is terminal and nondeferrable, and therefore, if the last day falls on a holiday, the term shall not be extended into the following working day, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $13^{ ext {th }}$ of March of 2007.
Francisco J. Domenech Director