Hon. Julio Hiram Feliciano Prieto, Registrador de la Propiedad v. Gobierno de Puerto Rico y/o el Estado Libre Asociado de Puerto Rico, representado por su Secretaria de Justicia, Hon. Lourdes L. Gómez Torres

Summary

The Puerto Rico Court of Appeals reviewed a judgment concerning Julio Hiram Feliciano Prieto’s continued service as Registrar of the Property after the expiration of his 12-year appointment. The court held that the continuity provision in Law No. 210-2015, which limited continuation until the successor took office or the next legislative session ended, applied after the fixed term expired and did not impair an acquired property right. The court therefore revoked the trial court judgment in part.

Holdings

1. Law No. 210-2015 governed the period after Prieto's twelve-year appointment expired. Under that law, a non-renominated registrar could remain in office only until a successor took possession or the next legislative session ended, whichever occurred first.
2. Prieto did not have an acquired property right to continue as Registrar of the Property after the expiration of his fixed twelve-year appointment under the indefinite holdover clause in Law No. 198 of 1979.
3. Declaratory relief was improper because no legal uncertainty remained under the applicable statute, and Prieto was not entitled to salary or emolument losses for the period after June 30, 2025.

Questions Presented

1. Whether the indefinite holdover provision in the repealed Law No. 198 of 1979 or the limited holdover provision in Law No. 210-2015 governed Prieto's continued occupancy of the Registrar of the Property position after expiration of his twelve-year term.
2. Whether Prieto possessed an acquired property right to remain in office under the former indefinite holdover clause.
3. Whether declaratory relief was proper when Law No. 210-2015 expressly limited the holdover period to the earlier of a successor's assumption of office or the end of the next legislative session.
4. Whether Prieto was entitled to lost salary and emoluments for the period after June 30, 2025.

Disposition

reversed