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Judicial Branch 20 Court of First Instance 22 Court of Appeals 24 Supreme Court 26 Federal Sphere in Puerto Rico 3 4 INTRODUCTION

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Judicial Branch 20 Court of First Instance 22 Court of Appeals 24 Supreme Court 26 Federal Sphere in Puerto Rico 3 4 INTRODUCTION INDEX 5 Introduction 6 The Constitution of the Commonwealth of Puerto Rico 9 Legislative Branch 12 Executive Branch 14 Judicial Branch 20 Court of First Instance 22 Court of Appeals 24 Supreme Court 26 Federal Sphere in Puerto Rico 3 4 INTRODUCTION Under Law No. 201-2003, known as the Judiciary Act Executive, and Judicial Branch are established. of the Commonwealth of Puerto Rico of 2003 (Judiciary Moreover, this document includes information on the Act of 2003), the Judicial Branch of Puerto Rico must government system, which is essential to understand the “[promote] a less litigating society.” To do that, the role of the Judicial Branch in society. Lastly, it addresses Judicial Branch has several divisions, among which is the the topic of the Court System. This basic content may be Office of Education and Community Relations (EduCo). used as a reference to develop and apply community This office is tasked with “developing, applying, and education and orientation strategies on these topics. managing education and community liaison programs Consequently, the information provided seeks to to encourage a greater understanding by the community offer basic, yet comprehensive knowledge on topics of its basic rights and responsibilities, as well as of the mentioned, organized in a question-and-answer format. court system and how it works, and to foster community Furthermore, it includes several graphs illustrating some participation and integration with the Judicial Branch.” of the information gathered here. This educational guide Mission and Functions of the Press Office and the Office does not aim to be, neither should it be deemed as an of Education and Community Relations, as reorganized exhaustive presentation of the above-cited topics, and under Administrative Order OAJ-2014-027, Circular thus, there is space for supplementary and additional Letter No. 8, Fiscal Year 2014-2015. reading. To comply with this task, EduCo has prepared this This educational guide will be revised periodically. educational guide with basic information on the Therefore, individuals interested in submitting questions, Constitution of the Commonwealth of Puerto Rico, as comments, or suggestions regarding the information it is the basis of the republican form of government, contained here may do so by writing to: where the organization and functions of the Legislative, [email protected]. 5 THE CONSTITUTION OF THE COMMONWEALTH OF PUERTO RICO WHAT IS THE CONSTITUTION AND WHAT DOES IT PROVIDE? The Constitution is divided into Articles, which in turn, are The Constitution of the Commonwealth of Puerto Rico divided into Sections. These are: is the supreme law, as it prevails over every other Puerto Rico law. Therefore, if a law is contrary to Art. I The Commonwealth the Constitution, it is considered invalid and may be Art. II Bill of Rights declared unconstitutional. Art. III The Legislature Art. IV The Executive The Constitution provides how the Government of the Art. V The Judiciary Commonwealth of Puerto Rico is established, defines Art. VI General Provisions the responsibilities of each of the three branches of the Art. VII Amendments to the Constitution Government, and includes a Bill of Rights, which lists Art. VIII Senatorial and Representative Districts the rights that all persons in Puerto Rico have before the Art. IX Transitory Provisions State or Government. Display case exhibiting the original document of the Constitution of the Commonwealth of Puerto Rico, at the Capitol. 6 WHAT WAS THE HISTORICAL CONTEXT IN WHICH THE CONSTITUTION WAS ADOPTED? After World War II (1939-1945), in October 1945, the 1939-1945 SECOND WORLD WAR United Nations (UN) was created in order to maintain peace and promote international cooperation. This international organization establishes that its member OCTOBER FOUNDATION OF THE states possessing territories or colonies had to inform the 1945 UNITED NATIONS UN of the measures that they would take to allow these territories or colonies to develop their own governments. In response to the UN’s directive, on July 3, 1950, the JULY 1950 ENACTMENT OF PUBLIC LAW 600 United States Congress approved Public Law 600, allowing the People of Puerto Rico to organize their own government by means of a Constitution. This REFERENDUM IN WHICH A process required holding a special election called a JUNE 1951 MAJORITY OF PUERTO RICANS “referendum,” where the people of Puerto Rico were FAVORED PUBLIC LAW 600 asked if they agreed with drafting a Constitution of their own. On June 4, 1951, a majority of people with the right to vote in Puerto Rico agreed with Public Law 600. As a AUGUST FORMATION OF THE result, the Legislative Assembly was authorized to call a 1951 CONSTITUTIONAL ASSEMBLY constitutional convention which would be in charge of drafting the Constitution. AUGUST APPROVAL BY PRESIDENT HARRY S. 1951 TRUMAN AND US CONGRESS On August 27, 1951, the Constitutional Assembly was organized, comprising ninety-two members. These individuals were tasked with creating the draft of the Constitution, which had to fulfill two requirements: (i) it MARCH REFERENDUM TO ADOPT THE had to establish a republican form of government, that 1952 CONSTITUTION is, a government in which power is divided among three branches, and (ii) it must include a Bill of Rights. JULY 25, PROCLAMATION OF THE 1952 CONSTITUTION OF THE Pursuant to the provisions of Public Law 600, once COMMONWEALTH OF PUERTO RICO the draft was prepared, it had to be approved by the President of the United Stated and by Congress. President Harry S. Truman approved the proposed draft in its entirety, but the Congress did not agree with Section 20 of the Bill of Rights. That Section recognized On March 3, 1952, the People of Puerto Rico approved to Puerto Ricans the rights included in the Universal the document by holding another referendum. On July Declaration of Human Rights, such as the right to health, 25, 1952, in a public act in San Juan, the first governor food, housing, medical assistance, and social protection elected by the People of Puerto Rico, Luis Muñoz Marín, for the unemployed, sick, and elderly, among other proclaimed that the Constitution of the Commonwealth of rights. Congress removed Section 20 and approved the Puerto Rico was in effect and officially raised the Puerto remainder of the Constitution. Rican flag for the very first time. 7 PUERTO RICO GOVERNMENT SYSTEM HOW IS THE GOVERNMENT OF PUERTO RICO ORGANIZED? The Constitution of the Commonwealth of Puerto Rico defines the form of government that will exist in Puerto Rico. Specifically, Article I of the Constitution creates the Commonwealth of Puerto Rico and states that “[i]ts political power emanates from the people and shall be exercised in accordance with their will, within the terms of the compact agreed upon between the people of Puerto Rico and the United States of America.” Moreover, it explains that the Government of Puerto Rico will have a republican form of government and will be divided into three Branches of Government: (1) Legislative Branch, (ii) Executive Branch, and (iii) Judicial Branch. This is known as the doctrine of “separation of powers;” each Branch of Government has different responsibilities, powers, and functions. This separation brings forth a balance, also known as the “system of checks and balances,” where power is divided among the three Branches of Government to prevent any of them from becoming too powerful. LEGISLATIVE EXECUTIVE JUDICIAL INTERPRET AND DRAFT AND APPROVE SIGN APPROVED BILLS / APPLY THE LAW TO WHAT THEY DO BILLS ENFORCE THE LAW DECIDE CASES AND CONTROVERSIES SENATE AND HOUSE OF GOVERNOR AND WHO THEY ARE JUSTICES, JUDGES, AND REPRESENTATIVES SECRETARIES SUPPORT STAFF LA FORTALEZA AND COURTS OF WHERE THEY ARE ADMINISTRATIVE CAPITOL PUERTO RICO AGENCIES 8 LEGISLATIVE BRANCH WHAT IS THE ROLE OF THE LEGISLATIVE representatives, except when the number is increased BRANCH? to add minority members. In other words, if after a general election more than 2/3 of the members of either The main function of the Legislative Branch is to establish legislative chamber are elected from the same political the rules for peaceful coexistence, generally through the party or single ticket, the number of members of the drafting and approval of legislative bills, which become minority parties are increased to nine in the Senate and law with the Governor’s signature. seventeen in the House of Representatives. The purpose is to guarantee minority party representation in the HOW IS THE LEGISLATIVE BRANCH legislative chambers. ORGANIZED? WHAT ARE THE REQUIREMENTS TO BE A The Legislative Branch is composed of two chambers: the LEGISLATOR? House of Representatives and the Senate. Both chambers comprise the Legislative Assembly. It is important to To be a legislator, a person must: (i) have lived in Puerto mention that the Legislative Assembly establishes the Rico at least two years immediately before the date of annual budget that the Executive Branch uses to run the the election or appointment; (ii) be a citizen of Puerto Government, while the Senate approves or rejects the Rico and of the United States; (iii) be able to read and Governor’s appointments of judges. write any of the two official languages of Puerto Rico: Spanish and English; and (iv) as for age, the person must The Senate and the House of Representatives are be thirty years old to be a senator and twenty-five to be divided into committees. A committee is a small group of a representative. legislators assigned to one or several topics of interest, for instance, the Committee on Health and the Committee HOW ARE LEGISLATORS ELECTED? on Women’s Affairs. Their duty is to organize work pertaining to the study of bills or measures concerning In Puerto Rico, members of both legislative chambers are such topics of interest. This includes examining bills elected by individuals who are eighteen years old as or measures that have been introduced and holding of the day of the election and meet the requirements to public hearings.
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