Ex Parte: Román Quiles y otros
2025 TSPR 45
| Supreme Court of Puerto Rico | 2025Background
- Franco Luis Román Quiles and Yolanda Nieves Vargas filed an expediente de dominio (judicial process to establish property ownership for registration) for an independent rural property in San Sebastián, Puerto Rico.
- Petitioners alleged they lacked written title, as the private contract of acquisition was lost. They and previous owners had possessed the property peacefully for over 40 years.
- They provided a survey plan (plano de mensura) showing surface area and boundaries, prepared by a licensed surveyor, along with supporting documentation proving possession and property value.
- The trial court demanded an additional sworn surveyor’s certification and required the petitioners to serve notice and citation not only to specified public officials and neighbors but also to public utility companies (LUMA, AAA) under statutes regarding legal servitudes.
- Upon failure to submit all ordered documentation and to deliver citations as the court ordered, the petition was dismissed without prejudice. The petitioners sought review, arguing that statutory requirements were exceeded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a sworn surveyor's certification of measurements is required to prove the surface area and boundaries when no title is available | Román Quiles: The statute allows using any mensura (survey) showing measurements; a certified survey is not required without title | Trial court: A sworn certification by a surveyor is necessary to establish official measurements in absence of title | Court: A certified survey is not required if a valid survey plan and supporting evidence of possession are presented |
| Whether notice and citation to public utilities (LUMA, AAA) are required in expediente de dominio proceedings | Román Quiles: No statutory requirement for such notice or citation in independent property registration; utilities rights arise under a different legal process | Trial court: The utilities possess real servitudes under Law 143 and thus must receive notice and be cited | Court: Law 210 does not require notice or citation to utility companies for expediente de dominio on independent properties |
| Whether the process for notifying and citing adjacent owners and officials was correctly interpreted by the lower court | Román Quiles: The law requires notification (not citation) to government officials and neighbors; citations are reserved for other interested parties by statute | Trial court: Petitioners must both notify and cite a wide group, including officials and utilities | Court: Only parties specified by statute must be notified or cited in the manner stated by Law 210; trial court’s requirements went beyond statute |
| Whether the trial court’s imposition of further documentary and notification requirements warranted dismissal | Román Quiles: Overly burdensome requirements not supported by law prejudiced claim | Trial court: Non-compliance with imposed requirements justified non-prejudicial dismissal | Court: Improper requirements by trial court were not statutory; case dismissed in error, so should continue on the merits |
Key Cases Cited
- Ex parte Torres Pérez, 215 DPR (Sup. P.R. 2025) (clarifies requirements and processes for property inmatriculation via expediente de dominio in Puerto Rico)
- Madera Meléndez v. Negrón, 103 DPR 749 (P.R. 1975) (explains the necessity of cabida [surface area] data for inmatriculation)
- Álvarez Rivera v. Registrador, 84 DPR 229 (P.R. 1961) (procedural aspects of domain proceedings for property registration)
- Desarrollos Real v. Municipio de Vega Baja, 161 DPR 160 (P.R. 2004) (discusses requirements for legal servitudes in property law)