P.R. Laws tit. 21, § 4003

2019-02-20
§ 4003. The municipality

The municipality is the juridical entity of local government, subordinated to the Constitution of the Commonwealth of Puerto Rico and to its laws, whose purpose is the local common welfare and within it, primarily, the handling of the affairs, problems and collective needs of the inhabitants thereof.

Each municipality has legal capacity, independent and separate from the Government of the Commonwealth of Puerto Rico, with perpetual succession and legislative, administrative and fiscal capacity in all matters of a municipal nature.

The municipalities existing on the effective date of this act, and those that may be created in the future, shall be constituted and governed by the provisions of this subtitle and any other statute that grants powers and obligations to them.

The territory, population and organization are the essential elements of a municipality:

(a) Territorial limits.— The territorial limits of a municipality shall be those that are fixed on the effective date of this act, unless they are modified by virtue of any law to such effects. The law approved to such effects shall be processed at the request of the legislature of the municipality or municipalities whose limits are affected, or in the alternative, it shall have the consent of the municipal legislative body concerned prior to its approval.

(b) Population of the municipality.— The population of a municipality shall be constituted by those persons who have established their residence therein.

(c) Organization.— The municipal government shall be constituted of the Legislative and the Executive Branches.

The power conferred to the municipalities to legislate on municipal issues shall be exercised by a municipal legislature which shall be elected and constituted as established in this subtitle.

The executive power shall be exercised by a mayor, elected in each general election by the direct vote of the electors of the corresponding municipality.

History —Aug. 30, 1991, No. 81, § 1.005; Sept. 7, 2004, No. 258, § 4.