Centro De Periodismo Investigativo, Inc. v. Rosello Nevares, Ricardo A
KLCE202400841
| Tribunal De Apelaciones De Pue... | May 30, 2025Background
- In June 2017, the Centro de Periodismo Investigativo (CPI) filed a mandamus suit seeking access to documents and communications exchanged between the Puerto Rico government and the Junta de Supervisión y Administración Fiscal (JSAF) under the federal PROMESA law.
- The Superior Court of San Juan ruled in February 2021 that Puerto Rico’s government entities, including the Autoridad de Asesoría Financiera y Agencia Fiscal (AAFAF), had to disclose documents in compliance with the CPI's information request.
- After three years, CPI sought clarification/enforcement for communications between AAFAF and third-party contractors or advisors of the JSAF, which were not explicitly listed in the original request.
- The trial court ordered AAFAF to identify and produce these communications if the parties acted as JSAF representatives in governmental functions under PROMESA.
- AAFAF petitioned for certiorari, arguing the original request and the court's order did not cover third-party contractor communications, and they lacked control or identification of those contractors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of required disclosure | CPI argued contractor communications are included | AAFAF said original order didn't mention third-party contractors and tracking is unfeasible | Court found original order didn't cover these; AAFAF not required to identify/produce such communications |
| Timing and expansion of the request | CPI's later motion was merely clarification | AAFAF said CPI sought to amend a final judgment with new information requests | Court held CPI's new request was outside the finalized judgment and must file a new request under transparency statute |
| Who must produce the contractor communications | CPI claimed AAFAF is responsible for identification | AAFAF said only the JSAF could reasonably identify its own contractors and communications | Held JSAF, not AAFAF, is proper entity to identify and respond to contractor-communications requests |
| Right of access to information | CPI cited constitutional right to access public info | AAFAF argued burdensome search, limits on right, and privilege/confidentiality exceptions | Court reaffirmed constitutional right but recognized practical and legal limits, requiring specific new requests |
Key Cases Cited
- Kilómetro O, Inc. v. Pesquera López, 207 DPR 200 (P.R. 2021) (explains the fundamental right of access to public information and its limits)
- Ortiz v. Dir. Adm. de los Tribunales, 152 DPR 161 (P.R. 2000) (discusses the scope and value of public records access)
- López Vives v. Policía de PR, 118 DPR 219 (P.R. 1987) (establishes limits and exceptions to the right of access to information)
- AMPR v. Srio. Educación, ELA, 178 DPR 253 (P.R. 2010) (clarifies ministerial duty for mandamus relief)
- Vargas v. González, 149 DPR 859 (P.R. 1999) (presumption of correctness in judicial actions; appellant’s burden)