(H. B. 3861)
(No. 9)
(Approved February 15, 2008)
AN ACT
To expressly repeal Articles 13, 17 and 57 of the Political Code of 1902 on
the organization of Courts, the salaries of the Secretaries and the order
of succession to the office of Governor for having become obsolete or
academic due to the approval of the Constitution of Puerto Rico of 1952
and subsequent legislation.
STATEMENT OF MOTIVES
In the legislative processes, the phenomenon of rendering ineffective
some statutes previously in effect due to the approval of subsequent laws,
constitutional provisions or judicial decisions is observed with certain
regularity, without the conducting of a depuration process that would
expressly repeal the laws that have become obsolete or ineffective.
The Political Code of 1902 was a legislative piece which, in its time,
locally enforced the provisions of the Foraker Act, and was the organic
statute in effect for the Insular Government of Puerto Rico, and also
established the legal framework for the faculties, powers, authorities,
procedures, composition and organization of the components of said Insular
Government.
Throughout more than a century, several of its provisions have been
superseded or rendered ineffective due to the approval of subsequent statutes
and especially by the approval of the Constitution of Puerto Rico and
specific organic acts that currently govern the components of the
Commonwealth Government.
Article 13 of the old Political Code provided for the organization of
Courts, including parts, seats, districts and jurisdictions. This provision was
not only superseded by the approval of several laws for the reorganization of
the judicial branch scarcely two years after its approval, but was further
rendered ineffective by Article V of the Constitution of Puerto Rico on the
Judicial Power in 1952.
Article 17 of the Political Code provided on the salaries of the
Secretaries of the Cabinet, pursuant to the provisions of the Foraker Act.
This provision was not only tacitly amended by every commonwealth law
approved after that date that establishes other salaries for those officers, but
it was inclusively affected at the federal level by the Jones Act, and the norm
in effect is that the salaries of the secretaries are nor legislated in a Code, but
rather through a Special Law, pursuant to the provisions of Article VI,
Section 11 of the Constitution of Puerto Rico of 1952.
Article 57 provides the order of succession in the case of a vacancy in
the office of governor. This provision was superseded by provisions adopted
under the Jones Act of 1917 and the Elected Governor’s Act of 1948, and
subsequently pursuant to the provisions of Article IV, Sections 7 and 8 of
the Constitution of Puerto Rico by Act No. 7 of July 24, 1952, as amended,
and at present by Act No.7 of May 2, 2005, in effect.
Given that said Articles have become academic, and to avoid the
possibility of confusion in some spheres, the express repeal thereof is hereby
directed.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Articles 13, 17 and 57 of the Political Code of 1902 on the
organization of Courts, the salaries of the Secretaries and the order of
succession to the office of Governor are hereby repealed for having become
obsolete or academic due to the approval of the Constitution of Puerto Rico
of 1952 and subsequent legislation.
Section 2.- This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 9 (H.B. 3861) of the
7th Session of the 15th Legislature of Puerto Rico:
AN ACT to expressly repeal Articles 13, 17 and 57 of the Political Code of 1902 on the
organization of Courts, the salaries of the Secretaries and the order of
succession to the office of Governor for having become obsolete or academic
due to the approval of the Constitution of Puerto Rico of 1952 and subsequent
legislation,
has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today 17th of March of 2008.
Francisco J. Domenech
Director