How to File a Certiorari in Puerto Rico: Legal Process and Requirements

Certiorari in Puerto Rico is an important legal process for reviewing agency decisions. After exhausting all available administrative and judicial remedies, the affected party may request the Supreme Court of Puerto Rico to review the decision through a petition for certiorari. This article explains the certiorari process, when it applies, and the procedural requirements under Puerto Rico law.

Certiorari and Appeal in Puerto Rico

When a party disagrees with a final judgment from the Court of First Instance, they may file an appeal with the Court of Appeals to seek a change in the decision. An appeal is a legal right, and the Court of Appeals is obligated to review it. The Supreme Court of Puerto Rico may hear appeals in specific cases, such as final decisions from the Court of Appeals where a law, regulation, or ordinance is declared unconstitutional under the Constitution of Puerto Rico or the United States or when conflicting decisions exist between different panels of the Court of Appeals.

Certiorari, on the other hand, is discretionary, which means the Supreme Court may choose whether to hear the case or not. Certiorari is used to review the remaining decisions or resolutions from the Court of Appeals. A final judgment is one that resolves the controversy between the parties. Since an appeal is a right recognized by law, the Court of Appeals is required to consider it.

Certiorari is filed when there is no right to appeal, meaning it depends on the discretion of the Supreme Court to decide whether to review the case. Certiorari may be used to challenge partial decisions from the Court of First Instance or when one of the parties seeks to modify an order issued by the lower court. Certiorari is also available for decisions from the Court of First Instance concerning protective orders.

Administrative Review

An administrative review is the remedy used in administrative cases. After an agency issues a decision in its internal process, the party that disagrees with the decision (whether an individual or the agency itself) does not go to the Court of First Instance but instead files for review with the Court of Appeals.

Certiorari is a discretionary remedy through which the Supreme Court of Puerto Rico may review a final decision issued by an administrative agency or the Court of Appeals. Unlike an appeal, certiorari is not granted as a matter of right. The Supreme Court exercises discretion in determining whether to grant or deny the petition.

Certiorari is typically requested when the administrative decision:

• Involves an issue of public interest or significant legal importance.

• Represents a conflict with existing precedent or a novel legal issue.

• Demonstrates an abuse of discretion or a misapplication of law.

• Reflects a decision unsupported by substantial evidence.

Legal Framework for Certiorari in Puerto Rico

The procedure for filing a petition for certiorari is governed by the Rules of Civil Procedure and Act No. 38-2017 (Commonwealth of Puerto Rico Uniform Administrative Procedure Act). The petition for certiorari must comply with strict procedural requirements to be considered by the Supreme Court.

• Timing: The affected party must file the petition within 30 days from the date of notice of the final judgment or decision issued by the Court of Appeals.

• Jurisdiction: The Supreme Court has jurisdiction over decisions involving administrative agencies, including challenges to the constitutionality of regulations and decisions of public interest.

• Content: The petition must clearly state the legal grounds for review, including references to applicable case law, statutory authority, and factual background.

• Filing Requirements: The petitioner must file the petition in compliance with the Rules of Civil Procedure, including proper format, number of copies, and supporting documentation.

Judicial Deference to Administrative Decisions

Administrative law in Puerto Rico is grounded in the principle that the decisions of administrative agencies are entitled to the highest level of judicial deference. The Sembler Co. v. Mun. de Carolina, 185 DPR 800, 821 (2012); Torres Santiago v. Depto. Justicia, 181 DPR 969, 1002 (2011); Vélez v. A.R.Pe., 167 DPR 684, 693 (2006). Administrative processes and factual determinations by agencies are presumed to be regular and correct. Íd.; Henríquez v. Consejo de Educación Superior, 120 DPR 194, 210 (1987). Judicial review is limited to determining whether the agency’s action is arbitrary, illegal, or unreasonable. O.E.G. v. Rodríguez, 159 DPR 98, 119 (2003).

The factual determinations of an administrative agency must be upheld by the courts if supported by sufficient evidence from the administrative record as a whole. The Sembler Co. v. Mun. de Carolina, supra, págs. 821-822; Pacheco v. Estancias, 160 DPR 409, 432 (2003). However, legal conclusions are fully reviewable. Sec. 4.5 de la Ley Núm. 170 de 12 de agosto de 1988, según enmendada, conocida como la Ley de Procedimiento Administrativo Uniforme, 3 LPRA sec. 2175. Nonetheless, courts should not easily disregard legal conclusions made by administrative agencies. Torres Santiago v. Depto. Justicia, supra, págs. 1002-1003. Violation of Due Process: If the agency’s decision violated procedural fairness or deprived a party of fundamental rights. Violation of Due Process: If the agency’s decision violated procedural fairness or deprived a party of fundamental rights. On the contrary, courts should give substantial weight and deference to the applications and interpretations made by agencies concerning the laws and regulations they administer. Asoc. Fcias. v. Caribe Specialty et al. II, 179 DPR 923, 940 (2010); Asoc. Vec. H. San Jorge v. U. Med. Corp., 150 DPR 70, 75 (2000).

The deference given to administrative agency decisions will yield when not supported by substantial evidence, when the agency misapplies a law, or when the action is arbitrary, unreasonable, or illegal. OCS v. Universal, supra, pág. 179.

Some Key Grounds for Seeking Certiorari

1. Constitutional Issues: If the agency’s decision conflicts with constitutional protections or violates fundamental rights.

2. Conflict with Precedent: If the decision conflicts with established case law or legal precedent.

3. Abuse of Discretion: If the agency acted beyond the scope of its authority or significantly misapplied its legal authority.

4. Misapplication of Law: If the agency’s decision reflects an incorrect interpretation or application of applicable law.

Process for Filing a Petition for Certiorari

The affected party must file the petition within 30 days from the date of the notice of the Court of Appeals’ decision. The petition must be filed with the Supreme Court of Puerto Rico and served to all interested parties. The Supreme Court will review the petition and determine whether to grant or deny certiorari based on the legal and factual arguments presented.

If certiorari is granted, the Supreme Court may:

• Affirm the agency’s decision.

• Reverse or modify the agency’s decision.

• Remand the case to the agency for further proceedings.

If certiorari is denied, the decision of the Court of Appeals remains final.

Conclusion

Seeking certiorari in Puerto Rico is a discretionary and complex process that requires careful attention to procedural and substantive requirements. Understanding the grounds for review, filing deadlines, and legal arguments is essential for presenting a successful petition. If you need assistance filing a petition for certiorari or challenging an agency decision, contact us for expert legal guidance.