Puerto Rico Supreme Court Rules Non-Resident Bond Is Incompatible with Act 2 Summary Employment Proceedings

In Jack Javier Slim v. Royal Blue Hospitality, LLC H/N/C El Conquistador Resort-Puerto Rico, 2025 TSPR 133, 216 D.P.R. ___, the Puerto Rico Supreme Court held that the non-resident bond requirement under Rule 69.5 of the Puerto Rico Rules of Civil Procedure 32 L.P.R.A Ap. V, R. 69.5, is incompatible with the summary employment proceedings established by Act No. 2 of October 17, 1961, 32 L.P.R.A. §3118, et seq. (“Act 2”) and therefore may not be imposed on an employee-plaintiff. Act 2 allows labor claims to be heard under an expedited process, in which discovery is limited to the parties. Therefore, the Court emphasized that applying Rule 69.5 in Act 2 cases would undermine the statute’s expedited nature and could result in unjust delays contrary to legislative intent.

In the underlying case, the defendant-employer failed to timely answer the complaint and argued that the Act 2 deadline had been tolled while the trial court initially required plaintiff to post a non-resident bond. The Supreme Court rejected that argument, holding that the answer was untimely and that entry of default was mandatory under Act 2’s strict procedural scheme. 

This decision reinforces the strict enforcement of Act 2 deadlines. Furthermore, the ruling preserves the statute’s summary nature and ensuring prompt resolution of unjust dismissal claims.