Colon Rosado, Gerardo v. D De Correccion Y Rehabilitacion
KLRA202400539
Tribunal De Apelaciones De Pue...Oct 8, 2024Background
- Gerardo Colón Rosado, an inmate at the Guerrero Institution in Aguadilla, Puerto Rico, was disciplined by the Department of Corrections and Rehabilitation (DCR) for violating internal regulations.
- On June 14, 2024, DCR notified Colón Rosado of the disciplinary resolution finding him in violation of Rule 16, Codes 208 and 210 of its regulations.
- Colón Rosado filed a timely motion for reconsideration with the DCR on June 17, 2024, but DCR did not respond to his motion.
- Colón Rosado then sought judicial review of DCR’s decision by filing a petition before the Puerto Rico Court of Appeals on October 1, 2024.
- The court assessed whether the petition was filed within the statutory deadlines established by the Uniform Administrative Procedures Act (LPAU).
- The court concluded the petition for review was untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the judicial review petition filed within the required time under LPAU? | Colón: Sought review after DCR failed to address his reconsideration motion, arguing due process violation. | DCR: Petition was filed past the 30-day jurisdictional limit for judicial review. | Court held the petition was untimely and dismissed the action. |
| Does a late filing deprive the appellate court of jurisdiction? | Colón: Implied exceptions due to DCR’s inaction on reconsideration. | DCR: Jurisdictional term is strict and bars late petitions. | Court affirmed lack of jurisdiction due to late filing. |
| Does DCR’s failure to act on reconsideration extend the filing deadline? | Colón: Suggested that lack of DCR action should toll the deadline. | DCR: Cited clear statutory terms—15 days inaction triggers running of review deadline. | Court clarified that the term begins after 15 days’ inaction; petition was still late. |
| Does failure to meet procedural deadlines mandate dismissal? | Colón: Likely claimed procedural fairness required a hearing. | DCR: Cited jurisdictional nature of deadline. | Court mandated dismissal for lack of jurisdiction. |
Key Cases Cited
- Pueblo v. Ríos Nieves, 209 DPR 264 (P.R. 2022) (Courts lack discretion to assume jurisdiction where none exists)
- Maldonado v. Junta de Planificación, 171 DPR 46 (P.R. 2007) (Judgments issued without jurisdiction are void)
- Romero Barceló v. E.L.A., 169 DPR 460 (P.R. 2006) (Dismissal is the only appropriate course where jurisdiction is lacking)
- Carattini v. Collazo Syst. Analysis, Inc., 158 DPR 345 (P.R. 2003) (Absence of jurisdiction compels dismissal)