Costas Elena y otros v. Magic Sport Culinary Corp. y otros, 2024 TSPR 13

Petitioners (Luis P. Costas Elena, Hazel Russell, and their community property) sued Magic Sport Culinary Corp. and others for damages stemming from alleged illegal construction encroaching on their property, causing monetary, physical, and mental harm.
Petitioners asserted claims under the Puerto Rico Organized Crime and Money Laundering Act (Ley Núm. 33), seeking triple damages, and also invoked the Puerto Rico Victims and Witnesses Bill of Rights (Ley Núm. 22).
Defendants denied allegations, counterclaimed for malicious prosecution, and argued that triple damages under the statute were unavailable because no criminal conviction had been obtained and that the Secretary of Justice had not filed suit.
The Court of First Instance partially dismissed the claims linked to Ley Núm. 33 and Ley Núm. 22, finding those remedies inapplicable absent a criminal conviction and a claim by the Secretary of Justice.
The intermediate appeals court affirmed, holding civil remedies under Ley Núm. 33 were only available when the defendant was criminally convicted and the action was brought by the Secretary of Justice.
The Supreme Court granted certiorari to decide whether a criminal conviction is required to maintain a private civil action for triple damages under Ley Núm. 33.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ley Núm. 33 allows private civil triple-damages claims absent a criminal conviction	Costas argues that Ley Núm. 33 permits private individuals to seek triple damages without a predicate criminal conviction	Magic Sport argues triple damages only available where there is a criminal conviction under Ley Núm. 33	No criminal conviction required; private action is allowed
Whether the Secretary of Justice must bring triple-damages civil actions under Ley Núm. 33	Costas contends that the statute’s text allows any harmed person to sue, not just the Secretary of Justice	Magic Sport contends only the Secretary of Justice can bring such claims	Any harmed person may bring a private action
Whether the partial summary judgment in prior related construction litigation substantiates petitioners’ claims	Costas relies on prior finding of illegality of construction for issue preclusion	Magic Sport disputes the applicability/extent of prior judgment’s effect	Factual sufficiency for civil claim must be resolved; case not properly dismissed
Whether the cause of action was sufficiently pled under procedural requirements	Costas argues pleading was sufficient to survive a 10.2(5) motion to dismiss	Magic Sport argues the pleadings fail to establish all elements required for relief	Pleading survives motion to dismiss, case remanded

Pueblo v. Santiago Feliciano, 139 DPR 861 (P.R. 1995) (addressed constitutionality and procedural application of Ley Núm. 33)
Pueblo v. Meliá León, 143 DPR 708 (P.R. 1997) (explained interpretation of Puerto Rico's Organized Crime law and its federal analogues)